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Indonesia/East Timor News Digest No 11 - March 17-23, 2002

Democratic struggle

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Democratic struggle

Activists march against officials over smuggling

Jakarta Post - March 20, 2002

Nana Rukmana, Cirebon -- Hundreds of students and young people from a number of universities and non-governmental organizations rallied on Tuesday to demand that all officials implicated in a prominent smuggling case in Cirebon resign.

The incident involved 19 shipping containers, which contained luxury cars and electronic equipment.

The demonstrators, united under the Action Forum for Anti- Smuggling Students and Youths (FAMPAP), occupied the office building of the Cirebon mayor for three hours on Tuesday. They included members of the National Movement of Indonesian Students (GMNI); Youth Democrat; the Students' Solidarity for Democracy (Basis); Sunan Gunung Jati University, and the state School of Islamic Religion. They demanded that everyone involved should resolve the issue thoroughly and transparently.

The luxury cars and electronic goods, which were valued altogether at Rp 20.5 billion, entered Cirebon from Singapore on January 10, under the name of PT Tiang Grage. They were brought into the port by Santosa Jaya Ships under a Panamanian flag.

Cirebon Customs and Excise officials released 17 of the 19 containers, claiming that only two of them were illegal, and thus needed for the investigation. The action prompted the municipality's legislative council to issue a vote of no confidence against the customs office, police and the prosecutors office; local students and youths likewise responded by staging rallies to protest the action.

Their Tuesday demonstration was part of a series of rallies to demand a thorough solution to the incident.

FAMPAP Coordinators Andri Fernandi and Chaerudin told The Jakarta Post that they would continue demonstrating until it was clear that the case would be solved in its entirety. "The police, prosecutors, and Customs and excise agencies had been known for their corruption," Andri said.

They asked that the 17 containers already released by the customs office be returned to the port and held there until they have been proven to be part of the smuggling incident. "We'll cooperate with the legislative council to force the relevant institutions to pay serious attention to the public interest in upholding the law," said Andri.

During the rally, the demonstrators managed to force Cirebon Mayor Lesmana Suryaatmadja, lead prosecutor Iskamto, Deputy Chief of Cirebon Police Precinct, Comr. Aris, and Customs and Excise office head Tarsiwan to come out of their offices to give them an audience.

The pale-faced officials promised to thoroughly solve the case. But the demonstrators ignored their words, and asked them to resign instead. The council deputy chairman Haris Sutamin said he supported the demonstrators' desires. Referring to those involved in the scandal, he said, "This will teach them a lesson; other officials will pay more attention to smuggling and corruption in the future, as well."

`International Women's Day is not just a celebration'

Green Left Weekly - March 20, 2002

[The following statement was issued on March 8 by Dita Sari, chairperson of the Indonesian National Front for Labour Struggles (FNPBI).]

Dita Sari -- International Women's Day is not just an annual tradition. This isn't also just a celebration. This day is a moment in which we remind ourselves that, even until this last second, prosperity, justice and equality for women, especially workers, hasn't been achieved.

International Women's Day is a bell of warning for women all over the world that capitalist globalisation has thwarted two main aspirations of women and all human beings - prosperity and peace.

The struggle of the advanced capitalist countries to open up the markets [of the Third World], gain huge profits and dominate world politics has produced the pockmarked face of poverty and war.

In almost all continents, civilians have been shaken by war or threat of armed conflicts. From Afghanistan to Palestine to Iraq, from India to Sri Lanka to Aceh -- poverty, injustice, economic gaps and violence, have triggered war and bloodshed.

The economic embargo of the United States against the peoples of Iraq and Cuba have killed many women, and especially children, or made it harder for them to get medical service and a proper education.

War in Afghanistan and Palestine have left behind ruined or demolished buildings, children bloated with starvation and malnourished mothers terrorised by fear.

Globalisation does not carry democracy with it, let alone prosperity. Globalisation brings with it low wages and massive dismissal of women workers due to both the economic crisis and industrial relocations to another countries. It is impossible for globalisation to provide political freedom, since the state has been used as an instrument to protect capital from all kinds of disturbance, strikes, workers' demonstrations, and unions' activities.

Living standards in Indonesia and other Third World countries have drastically gone down after the International Monetary Fund's recommendations to cut health and education spending, and electricity, fuel and housing subsidies.

Pregnant mothers will now pay more for health services, while at the same time it's difficult for children to stay in school, due to lack of income. People's control over public enterprises will soon vanish, when privatisation is implemented in various kinds of industry.

The government is the executor of all the IMF's decisions in the interests of the capitalists and their agenda of globalisation.

President Megawati's government is not a government for poor women and children. The interests of this government are to carry out as much as possible the recommendations of the IMF and pay all the foreign debt on time. It is the people who are sacrificed to this goal, especially if the wealth of the corrupt is not confiscated by the courts.

For women, globalisation does not promote equality. Globalisation and capitalism have undermined the position of women in society. Paying women less than men is considered normal. Women's position which is being weakened, giving way to a more intensive scale of trafficking in women, as well as exploitation of their bodies.

Capitalism does not humanise women. Under capitalism, women function merely as labour (the best one is the cheapest), as well as commodities, to provide the capitalists with as large a profit as possible.

We believe that resistance against exploitation, discrimination and violence against women should continue. Side by side with the labour movement, the women's movement can become the source of strength for the social movement of the people.

The emerging anti-globalisation movement around the world - expressed in the protests at Seattle, Genoa, Brussels, South Korea and Melbourne - has demonstrated an incredible level of participation by women fighters.

Students stage protests over Buloggate II

Jakarta Post - March 19, 2002

Rendi A. Witular and A'an Suryana, Jakarta -- Some 3,000 students from various universities staged a protest rally demanding the formation of a special House of Representatives inquiry into the alleged misuse of State Logistics Agency (Bulog) funds, in which House Speaker Akbar Tandjung is implicated.

They also demanded Akbar resign from his post and remain under detention. Their other demand was the dissolution of the Golkar party, which is under Akbar's leadership.

The students comprised the Student Executive Boards (BEM) from around Indonesia, the Association of Islamic Students (HMI) and the Indonesian Muslim Students Action Front (KAMMI), and were supported by the Democratic People's Party (PRD) and the labor association of PT. Indah Sutera Utama.

Wisnu Sunandar of the University of Indonesia BEM said the students pledged to keep on staging massive protests throughout the country, beginning on Tuesday, and appealed to the public not to trust either the government or the legislature.

"Their failure to establish the special committee has proved that reform is at a standstill. President Megawati Soekarnoputri is involved in collusion with the Golkar Party in nurturing corruption," he yelled in his speech.

"This rally is only an initial event to guide other students in the country to oppose the government. We hope today's action will lead to a more massive movement in support of the public demand to eliminate corruption, collusion and nepotism (KKN)."

Students began the rally at 8 a.m. from their gathering point at Wisma Danamon Aetna on Jl. Jend. Sudirman, South Jakarta, before marching to the House at Jl. Gatot Subroto, Central Jakarta. Upon their arrival at the House at around 10 a.m., they encountered hundreds of Golkar supporters, who were also staging a protest at the entrance to the House compound. The supporters demanded that legislators not establish the special committee.

They came from Jakarta's outskirts, such as Tangerang, Bekasi and even Banten and Lampung. Most of them wore black clothing, unique costumes typical of Banten jawara (martial arts fighters). Others wore the uniforms of paramilitary organizations under Golkar, such as Pemuda Pancasila. Some even carried swords and knives.

Security chief at the House Comr. Muchidin said two Golkar supporters were detained at the city police headquarters for possession of offensive weapons. The police deployed 1,066 personnel from Mobile Brigade and Sabhara (anti-riot unit) to secure the location.

The situation became tense after several Golkar supporters yelled at students, spoiling for a fight. Violence failed to materialize thanks to a heavy, one-hour shower. After the rain, the students marched to the rear entrance of the House, forcing their way inside.

However, the students failed to meet legislators as the latter were still engrossed in their plenary session, discussing the formation of the special committee. The session was delayed several times.

At 2 p.m., a minor clash between students and the police occurred. At least 15 students were struck by police armed with rattan sticks, forcing them to retreat.

The students then shifted their target of protest to Merdeka Palace on Jl. Medan Merdeka Utara, Central Jakarta, following their accusation that Megawati had tried to save Akbar.

The protest ended at 5:30 p.m. after the students read out their statement, even though they had been unable to meet the President.

East Timor

East Timor militiamen 'not guilty'

The Australian - March 22, 2002

Don Greenlees, Jakarta -- Indonesia's attempts to convince foreign critics that it is serious about justice in East Timor suffered two significant setbacks this week: a public show of solidarity by senior generals for officers accused over a 1999 massacre and a verdict of "not guilty" in the trial of three militiamen charged with the murder of a New Zealand peacekeeper.

Frustration with Indonesia's handling of the East Timor justice issue was summed up by one senior Western diplomat yesterday -- the demonstration of support from the generals was "shameful", he said, and the verdict in the murder of Private Leonard Manning a "disgrace".

Diplomats believe the opponents of justice over East Timor, paramount among them the armed forces, are sticking to a strategy of patiently waiting for the international community to become bored with the issue and eventually seek a pragmatic accommodation with Jakarta over military relations.

"I think what we are looking at is what Muhammad Ali used to call "rope a dope", said one diplomat. "If you keep a guy up against the ropes, eventually he will get tired -- that strategy won't work."

Indonesia's armed forces are eager to restore military relationships with Western governments, in particular the US, that were downgraded or severed after the crisis in East Timor in 1999. The US Congress has set as a benchmark for restoring relations the attainment of justice in the East Timor human rights trials.

But since the September 11 terrorist attacks in the US, there has been an increasing willingness by governments to lower expectations of what is meant by justice. Some well-placed observers believe the US Congress will not resist the re- establishment of military ties as long as some concrete demonstration of justice emerges from the Timor trials.

For its part, Australia already has signalled plans for a gradual restoration of the defence relationship, and Defence Minister Robert Hill only calls for an "appropriate" response from the Indonesian courts to remove any impediment to how quickly or how far the relationship develops. Western governments, however, are not getting much help from Indonesia.

On Tuesday, the armed forces top brass turned up to the opening day of a trial of four junior and mid-ranking officers, in what they described as a show of "moral" support for men who they said did "their duty for the country".

The four are charged in connection with one of the most heinous crimes committed in the post-referendum violence in East Timor in 1999 b church in the town of Suai.

The next day, a court found three militiamen innocent of the murder of Private Manning. The essence of the reason given: one man was already convicted and that was enough.

"The victim had already died from the bullet from the first defendant, Jacobus Bere, therefore there is no reason whatsoever to accuse the defendants here of having killed or planned to kill, as accused by the prosecutor," Judge Iskandar Tjake said in the Central Jakarta District Court.

The verdict has upset the New Zealand Government, which plans to ask prosecutors to appeal. It already has requested an appeal be made over the six-year sentence given to Bere.

In a situation where courts in the past have cited "patriotism" as a mitigating factor in murder, the hopes of real progress are slim.

Interview: East Timor's Gusmao says he'll do his best

Reuters - March 20, 2002

Carol Pineau, Dili -- East Timor's reluctant president-in-waiting Xanana Gusmao said on Wednesday he would do his best if voters, as expected, choose him to lead the world's newest nation next month.

The charismatic former guerrilla leader has procrastinated over the role he has been widely tipped to win ever since he was freed from a Jakarta jail around the time East Timor voted overwhelmingly to break from Indonesia's often brutal rule in 1999.

In an interview with Reuters, Gusmao said he was still ambivalent about the April 14 presidential election but did not want to let down his fellow East Timorese. "Even if I win, I will continue to say I don't want to lead, it is a dogma for me. If I win, I will do my best," said Gusmao, wearing an open-necked pale blue shirt and speaking at a hotel in the capital Dili.

Gusmao's reluctance has annoyed some of his resistance movement comrades and UN officials desperate to see the impoverished nation succeed once it becomes formally independent on May 20 after centuries of foreign occupation.

They have also expressed concern over his political posturing, most recently threatening to pull out of the race over the use of party logos -- a political standoff averted by his only opponent, Francisco Xavier do Amaral, who said a smooth election was more important.

A better life

But the poet and former teacher said he did not wish to create political strife, only a better future for the territory's 740,000 people, whose lives were thrown into chaos after the independence vote.

"If I am elected president, I will continue to pay attention to the democratic process, to help people assimilate the values of democracy," Gusmao said. "I will help people to discuss and debate the problems, not only in terms of national priorities, but building awareness of their right to demand, in a peaceful way, a better life," he said.

Gangs of pro-Jakarta militias, backed by elements of the Indonesian military, laid waste to East Timor following the UN- backed vote on August 30, 1999.

The United Nations, which estimates more than 1,000 people were killed in the violence, has administered East Timor since. Court hearings began last week in Indonesia against officers and others accused of human rights abuses in the region.

Gusmao brushed off recent criticism from East Timor's chief minister and long-time rival Mari Alkatiri that he was no longer a national leader because of his decision to run as the candidate of nine political parties.

With Gusmao heavily favoured to win the April 14 vote, the battle appears to be developing into more of a power struggle between Gusmao and majority party Fretilin, founded by Alkatiri.

Fretilin holds 55 of the 88 seats in a Constitutional Assembly which has opted for a constitution calling for a parliamentary system with a strong prime minister and substantially reduced presidential powers.

"I am a common man. I will follow the constitution and the constitution does not allow me to put my five cents in," Gusmao said, laughing. "As president I will not have many responsibilities but I can express the desperation of the people."

Dili's little piggies told to stay home

Melbourne Age - March 22, 2002

Jill Jolliffe, Dili -- The East Timorese are distinguished from their Islamic neighbours by their love of pigs, which normally amble at will around city streets.

Now they have been given their trotting orders as part of a clean-up of the capital before East Timor attains independence on May 20. Domingos Gusmao, head of the livestock department of the Agricultural Ministry, said neighbourhood heads were summoned to a meeting in February and ordered to have the pigs fenced in before the independence celebrations begin in May.

"The government doesn't want them in the streets -- it's a matter of hygiene," Mr Gusmao said. "We'll be reviewing the situation in a month."

The pigs are the latest casualties of a general Dili facelift. Street vendors have also been moved off main thoroughfares, leading to the demise of one of the best small fruit markets frequented by United Nations staff, offering a range of tropical fruit such as papaya, limes and mangoes.

Because they were imported to the island territory by the Portuguese, pigs do not form part of the Timorese animist pantheon of beasts attributed with magical powers, such as the crocodile and rooster, which are worshipped in some parts.

However, they are regarded with particular esteem, and respected for their intelligent, affectionate personalities. They and their large litters have free access to households and gardens -- but also have a worrying tendency to wander in Dili's growing volume of traffic.

To the foreign eye, they may seem to be ownerless, but every single porker's whereabouts is known to its owner. Considered as unclean scavengers by the Islamic and Jewish religions, here they are valued for their recycling skills.

They can expect a tasty dish of fruit and vegetable scraps to await them in most of the compounds they visit, which probably accounts for the gigantic proportions of many Dili pigs.

They constitute a vital ingredient in Timorese cuisine and are a key component in bridal dowries. There are even special art forms and rules of etiquette dealing with porcine travel requirements. For bus trips the smaller variety are usually tucked under the owner's arm with their snouts bound with a decorative raffia muzzle.

According to Mr Gusmao, 74 per cent of the population of East Timor raise pigs and there are 303,673 throughout the country.

During East Timor's 24-year occupation by the Indonesian military, life wasn't so easy for the pig but, Mr Gusmao said, "our estimation for them never wavered". Having experienced their finest hour for many years since the 1999 troop withdrawal, they will sadly be unable to participate in the street parties marking East Timor's independence as it becomes the first new nation of the 21st century.

Survivors in East Timor find it hard to forgive

Far Eastern Economic Review - March 28, 2002

Margot Cohen, Zumalai -- Juana Dos Reis fought off a wave of revulsion as the woman held her in a tight embrace. "In my heart I felt sick, but I could still control myself," says Dos Reis, recalling the February encounter at a refugee camp just across the border from East Timor in Indonesian-controlled West Timor.

The hug came from the same woman who had admitted to torturing her three years ago -- shaving her head, burning her flesh with cigarettes, denouncing her as a "priest's whore" and holding her captive for one month in Zumalai, an East Timor sub-district. All because Dos Reis was known as a fervid supporter of independence, while her persecutor was the head of a women's unit in a pro- Indonesia militia group.

Now Dos Reis is supposed to offer forgiveness to the woman, who remains in West Timor. But while she and many other traumatized Timorese are participating in a series of reconciliation meetings promoted by the influential Catholic Church, their horrific memories of 1999 lurk just beneath the surface, stirring desire for some form of retribution.

The horrors are taking centre stage again with the opening of unprecedented human-rights trials in Indonesia and reports linking top Indonesian military officers to the terror.

How East Timor defuses the memories will largely shape its bid to become a peaceful, democratic nation following full independence in May. Healing divided communities is vital to the political and economic renaissance the new nation so urgently needs.

There is some reason to be hopeful. At the village level, there's a palpable sense that most folk are focused on feeding their families and getting on with their lives. Emotions have certainly subsided since the black days of 1999, when the independence vote unleashed a vicious backlash of murder, arson and rape by pro- Jakarta militias. With thousands of lower-level militia members still trickling back home from West Timor, United Nations officials say that they have encountered remarkably few incidents of revenge.

But the calm seems tenuous. From the breezy mountains of central Ainaro to the baked sidewalks of the coastal capital of Dili, expectations are high that the most serious offenders will be prosecuted and punished. If that doesn't happen -- and many international observers believe it won't -- the submerged bitterness could rapidly come to a boil. "There are still a lot of people who can't accept any kind of reconciliation until there is justice," says Maria Gabriela Carrascalao Heard, head of the nation's sole television station. Seeking justice for close family members lost in the 1999 violence, she knows how difficult the healing process will be.

"People only give lip service to accepting each other," says Fatuleto village chief Joao Freitas. When he sees former militia members roaming around his village in the border district of Covalima, he remembers his older brother and nephew who were murdered three years ago. "I do feel a grudge. I want to hit them, but I can't, because I'm the village chief," Freitas confesses.

Many Timorese admit that they are only talking up reconciliation in order to woo alleged criminals back home, where they would be vulnerable to prosecution. This explains, for example, how Dos Reis came to hug her former torturer -- she stills wants to see the woman punished.

Sensing the duplicity, and worried about their economic future, many of the estimated 60,000 Timorese in West Timor are resisting return. Personal and political conflicts reaching back decades will complicate the reconciliation process. But some refugees insist they will come back in time to vote in the April presidential elections.

Why? Because Xanana Gusmao, the undisputed front-runner, is reputed as a beacon of reconciliation. "I believe in Xanana. Before he was my enemy, now he is my friend. He's a statesman," gushes Nemesio Lopes de Carvalho, the former deputy commander of Mahidi, an 8,000-strong militia group that cut a swathe of terror from Ainaro to Suai in 1999.

Carvalho is considered one of the biggest fish to return from West Timor, bringing 842 people back with him last October. Some still hold out hope that he can persuade his older brother Cancio, the former Mahidi commander, to come back too. These days Carvalho spends his time planting corn, listening to the radio and lounging on his porch in Cassa village in Ainaro. A court order keeps him under house detention, though he hasn't been indicted. Since his return, nothing much has happened to him, other than a little verbal abuse. "It's time for us to suffer. If people insult us, that's normal," says Carvalho. But his wife remains in Jakarta with their three children, fearful of local rejection.

Indeed, critics charge that Jakarta remains a safe haven for high-profile ex-militia and the Indonesian military officers who allegedly called the shots. After repeated delays, a landmark Indonesian human-rights court on March 14 opened the first of a series of trials of 18 officers, militiamen and civilian officials accused of rights abuses in East Timor.

The trial opening coincided with reports in The Sydney Morning Herald that evidence leaked by an Australian intelligence agency showed Indonesian generals orchestrated the violence. "These revelations are important for the historical record. They might lead to more people being indicted, but I wouldn't hold my breath," says Sidney Jones of the New York-based Human Rights Watch.

Many also remain pessimistic about the court cases in Jakarta. United States Senator Patrick Leahy, who sponsored a bill cutting assistance to the Indonesian military until officers were brought to book for the abuses of 1999, has his fears: "The ad hoc trials won't adequately address the human-rights issues, not only because key high-ranking officers have not been charged, but also because of the courts' limited jurisdiction, witnesses' fear of testifying, poorly qualified judges and corruption within the justice system."

Whether or not such gloomy predictions are warranted, the UN is continuing its efforts to dispense justice in East Timor through two panels combining international and local judges. The UN Security Council has committed funding through to mid-2003 for the Serious Crimes Unit, which has issued 34 indictments and has 650 cases under investigation. While there's been widespread disappointment with the slow pace of prosecution, many Timorese were heartened by a landmark case last December in which 10 suspects were convicted and jailed for 13 murders, various acts of torture and the forcible transfer of civilians in Los Palos town in the east of the territory.

But East Timor won't just rely on legal remedies to provide citizens with some psychological catharsis. Adapting the South African model of public confession, the interim government has formed a Commission for Reception, Truth and Reconciliation. Suspected murderers and rapists will still be processed by the courts, but thousands of militia members are expected to stand before their victims in village hearings slated to commence in June. In some cases, the ex-militia will be asked to perform community service, like rebuilding schools, hospitals and homes devoured by the flames in 1999.

Will it work? Some Timorese fear that the fragile calm could be threatened by raking up so many painful memories. Radio and TV broadcasters say they will try to edit the proceedings to avoid inflaming emotions beyond control. The bottom line is that there is no real incentive for the ex-militia to come forward unless they are hounded by their fellow villagers -- something the commission seeks to avoid. "We want them to appear voluntarily and sincerely, not because they are forced," says commission chairman Aniceto Guterres Lopes.

For a glimpse of what the hearings could deliver, it's instructive to return to Cassa, Carvalho's home base. Last November, some 300 villagers gathered for a meeting facilitated by a local human-rights group at the request of several family members of 1999 victims. With UN peacekeepers on alert outside, a few ex-militia stood up to request forgiveness, explaining how they were forced by military officers to go on a rampage. Some family members of victims wept openly, while others reassured the ex-militia that they bore no ill will.

Carvalho himself didn't testify, but the former militia leader played a key role in convincing some of his men to participate. The lesson is that the commission must work through old patronage networks to ensure attendance at future hearings.

Four months later, it seems that the Cassa hearing did provide a measure of healing. According to the village chief and other locals, the ex-militia are now more frequently invited to social gatherings like weddings and participate in road-building projects. "We can walk freely now, and people don't bother us," says Zulio de Santos, an illiterate farmer who reluctantly admits to being ex-Mahidi. But some fear still lingers. "We don't want to talk too much," says one Cassa woman married to an ex-militia member, shooing away journalists.

For family members of victims, the November gathering in Cassa did not bring closure. Take Fernao De Araujo Gomes, whose father was shot dead by Mahidi members. It was a relief to get some feelings off his chest at the hearing, says Gomes, but what he's really waiting for is the prosecution of Carvalho's brother, Cancio, whom he holds responsible for his father's death. With some 1,000 Cassa residents still in West Timor, Gomes admits frustration that the "reconciliation" meeting did not prompt more of them to come back.

Rather than spend a lot of money on village hearings elsewhere, Gomes believes the new government should put that cash into strengthening the legal system -- and creating more jobs for a nation wallowing in unemployment. "If people are busy, they can forget, day by day, what happened," says 29-year-old Gomes, who has a job disseminating information about the presidential poll. "People are very poor. They lost everything: their houses, their livestock. If they don't have jobs, they will have lots of time to remember -- and get angry."

Court acquits three defendants in peacekeeper killing

Agence France Presse - March 20, 2002

Jakarta -- An Indonesian court on Wednesday found three East Timorese militiamen not guilty of murdering a New Zealand peacekeeping soldier in East Timor in July 2000.

"The victim had already died from the bullet from the first defendant, Jacobus Bere, therefore there is no reason whatsoever to accuse the defendants here of having killed or planned to kill as accused by the prosecutor," Judge Iskandar Tjake told the Central Jakarta district court. "The defendants are entirely acquitted [of the charges]," Tjake said.

Bere, who was tried separately, was on March 7 sentenced to six years in jail for the murder of Private Leonard William Manning, 24, near Suai in East Timor on July 24, 2000. That sentence drew immediate criticism from New Zealand and the United Nations, who urged Indonesian authorities to appeal for a tougher punishment.

The three other defendants -- Fabianus Ulu, Yohanes Timo and Gabriel Halenoni -- had been with Bere in East Timor, allegedly to look for a missing cow, when the murder took place. Prosecutor Firdaus Deliamar, who had sought 10 years jail for each of the three, told journalists he planned to appeal directly to the Supreme Court.

Nicolas Abe, one of the defence lawyers, said the three would remain in jail for one or two days until they received the formal court verdict document and would then be moved to the house of former East Timorese militia leader Eurico Guterres.

The court had heard that the three defendants and Bere, along with two other men who are still on the run, had shot dead Manning in a rugged border area near Indonesian West Timor. The court had been told they crossed the border to look for a missing cow when they ran into a United Nations peacekeeping patrol tracking militia fighters in the area.

Prosecutors had said Bere made sure the victim was dead by cutting his throat with a machete and slashing his ears off. The men also took his firearm.

Bere and the five others were members of pro-Indonesia militias who fled to West Timor shortly after the arrival of international peacekeeping forces in September 1999.

The militias, backed by the Indonesian military, waged a bloody and destructive "scorched earth" revenge campaign after East Timorese voted in August 1999 to split from Indonesia. The international troops largely halted the bloodshed but border skirmishes continued.

UNHCR reports upsurge in refugee repatriation in March

Agence France Presse - March 19, 2002

Jakarta -- The United Nations High Commissioner for Refugees (UNHCR) reported a rise in the number of refugees returning to East Timor from camps in West Timor, Indonesia, a report said Tuesday.

Close to 2,000 refugees have returned to East Timor so far this month, compared with 900 last month and 400 in January, a press release of the UN Transitional Administration in East Timor (UNTAET) said.

The surge came as East Timor was gearing up for its presidential elections in April and independence in May. The UNHCR attributed the rise in the repatriation to the many reconciliation meetings and "go and see" visits facilitated by the UNHCR and its partners, including the International Organization for Migration (IOM) and UNTAET, over the past months.

While no exact figures exist, it is estimated that there are no more than 70,000 refugees remaining in West Timor, the UNHCR said.

The UNHCR, which is organizing the repatriations along with IOM and other groups, is hoping to maintain and improve upon this new found momentum in the weeks immediately preceding and following East Timor's 20 May independence.

In 1999 an estimated 250,000 to 270,000 people either fled or were forced over the border by marauding anti-independence militiamen, enraged at East Timor's vote to secede from Indonesia in August 1999. Indonesian officials have estimated the number still in West Timor at around 128,000.

The cash-strapped government on January 1 halted all assistance to East Timorese refugees but did not close down the refugee camps that dot the Belu district.

With less than three months to go before East Timor attains full independence, many refugees are still reluctant to go home. Some are former members of pro-Indonesian militias or their families. Others formerly worked with the Indonesian administration in East Timor and fear losing their pensions.

Campaign rhetoric heats up ahead of Timor vote

Reuters - March 18, 2002

Carol Pineau, Dili -- Independence leader and presidential candidate Xanana Gusmao is no longer a national leader, East Timor Chief Minister Mari Alkatiri said ahead of April 14 elections.

"Xanana has decided to run as a candidate of nine small political parties. The moment he chose to be candidate, he lost his quality as a national leader. Xanana will realise he made a wrong choice," Alkatiri, whose post roughly equates to prime minister, told Reuters in a weekend interview.

East Timor's first presidential campaign got underway last Friday, but with Gusmao heavily favoured to win, it appears the battle is less a race between Gusmao and opponent Francisco Xavier do Amaral than a struggle for power between Gusmao and majority party Fretilin, founded by his long-time rival Alkatiri.

Fretilin holds 55 of the 88 seats in a Constitutional Assembly that has opted for a constitution calling for a parliamentary system with a strong prime minister and substantially reduced presidential powers. The structure could make it tough for Gusmao, who had headed Fretilin until 1988, to get policies through once the election is over.

East Timor's first president will take power on May 20 when the country gains official independence. The territory has been under UN administration since 1999 when the people voted overwhelmingly for independence from Indonesia. The ballot prompted massive violence as pro-Jakarta militia went on a rampage, killing hundreds and burning buildings and homes.

Gusmao declined to run a presidential race as a Fretilin candidate. He preferred to be nominated by minority parties, though he maintained he was independent from them and made them sign an agreement saying as much. "Until the day that Xanana decided to run with the other political parties, people still believed [he] was a Fretilin member. Now it is clear. That is why I think he will realise that he made a very bad choice," Alkatiri said.

International experts predict that if Gusmao is to stretch his would-be presidential powers or to reduce Fretilin's hold on the constitutional assembly, he must show he has a strong mandate. "After the elections on the 14th, we shall see ... I am sure he will win, but not with the majority he expected," said Alkatiri.

"For his credibility, Xanana has to win big. He has to be careful about abstentions, people not participating in the vote," East Timor Foreign Minister Jose Ramos-Horta said recently. He defined success as winning more than 80 percent of the vote with a 90 percent or better turnout.

Despite winning an overwhelming majority in last year's national assembly elections, Fretilin decided not to field a candidate in the presidential election. "Our main concern and preoccupation is stability and peace. If we had decided to have a candidate, then it would really create a lot of problems," said Alkatiri.

As for Xavier do Amaral, also once a Fretilin member, Alkatiri said the two men enjoyed good relations and the candidate "deserves our respect."

For now, it is not clear whether Fretilin will gear up its substantial local networks to fight against Gusmao, though they do appear to be trying to level the playing field. "We have been pushing ... to educate people that they are free to choose. Both the candidates are from Fretilin, both are no longer Fretilin."

Gusmao himself seemed to be aiming in Fretilin's direction on Friday when he said: "The big parties cannot and must not think that their rights are worth more than the rights of smaller parties or that they are above the rights of other citizens."

Regarding whether the differences would make for a difficult cohabitation, Alkatiri said: "This country is not dependent on one person. From the side of the government, we know our power in the constitution. I think Xanana needs to read carefully the constitution to know what he can and cannot do."

Presidential election campaign kicks off

Lusa - March 15, 2002

East Timor4s presidential election campaign kicked off Friday with a rally in Dili and UN administrator Sergio Vieira de Mello predicting a peaceful race.

As in last year4s Constituent Assembly vote, Vieira de Mello said he had "no reason to believe" there would be "any form of violence" in the countdown to the April 14 election, a landmark towards the territory4s May 20 declaration of independence.

He told reporters he had spoken to both Gusmao, generally considered a virtual shoe-in, and rival candidate, Xavier do Amaral, reminding them that a "national unity pact", signed before last August's assembly balloting, remained in place. "This time, nobody foresees any violence, but we are taking some preventive measure, as is natural", Viera de Mello said.

In the first formal campaign action, Gusmao told 1,000 supporters at a Dili rally that, if elected president, he would serve with the "same humility" and "faith and confidence" which, he said, had characterized his leadership in resistance to Indonesian occupation.

"My life has only one objective -- to serve Timor, to serve the people", he said. "We want to build East Timor, and building is development", Gusmao added. "There will be no development without democracy, and only in consciously assuming democratic values will we create stability for the integral development of our cherished Timor".

Gusmao, who refused to run as an independent or with the support of the dominant Fretilin party, he once led, thanked the nine opposition parties backing him for their "integrity" and "political maturity".

Gusmao has indicated he wants to serve as a democratic counter- balance to the overwhelming political weight of Fretilin, which holds 55 of the constituent assembly's 88 seats and dominates the transition cabinet of Chief Minister Mari Alkatiri. Fretilin, which failed to persuade Gusmao to run as an independent, is not formally backing either of the two candidates.

A simple placard on the rally's stage summed up Gusmao's key campaign concerns: "Democracy, Stability and Development, National Unity and Reconciliation". Perhaps the most controversial plank in Gusmao4s six-page platform calls for an amnesty for crimes committed during the 1999 independence plebiscite, almost exclusively by anti-independence militias and Indonesian security forces. Rival Amaral, the Constituent Assembly4s vice-president, whose candidacy is backed by two small parties, begins his campaign Saturday in the interior town of Aileu.

A silent witness to East Timor's horror

Melbourne Age Editorial - March 16 2002

A witness to any crime has responsibilities that are essential to maintaining a civilised society. The first responsibility is to the victim, to offer whatever help is possible. The second is to help bring the offender to justice. Australia, as a result of its intelligence gathering, has emerged as a key witness to crimes against humanity. Material provided to The Age this week confirms that the Australian Government is uniquely able to provide evidence against those in the Indonesian military and government who oversaw the violence inflicted on East Timor before and after its people voted for independence on August30, 1999. That the orders came from high up is clear from the sheer magnitude of what happened: the terrorising of an entire population and murder of up to 2000 people; the forced removal of 250,000 to West Timor; the razing of most infrastructure. All the while, Australian eyes and ears, using advanced monitoring equipment, watched and listened. They heard Indonesian generals direct and conspire with militia leaders. They saw high-resolution images, capable of identifying individuals. Everything was systematically recorded: identities, chains of command, dates and times. The guilty parties went to great lengths to cover their tracks in East Timor, but they could not destroy the secret evidence that the Defence Signals Directorate now holds in Canberra.

More than two years later, however, Australia remains a silent witness. The government has shared little of what it knows with any court (two are sitting, one in Indonesia and one in East Timor). This week a special court in Jakarta began trying 18 suspects, but the big fish -- many of whom still occupy positions of power - appear to have slipped through the net. Tellingly, Indonesia has repudiated a 2000 agreement to honour United Nations extradition requests. Australia co-sponsored the 1999 resolution that set up the UN investigations that could yet lead to a UN war crimes tribunal. In the same year, Foreign Minister Alexander Downer said Australia would "obviously assist with the UN inquiry" and would take into account precedents such as in Rwanda and the Balkans. Last July, he welcomed the prosecution of former Yugoslav president Slobodan Milosevic. A crucial factor in that case was that the US and Britain supplied intelligence material.

Australia has a moral obligation to follow suit. Doing so would not only help bring crimes to court, but would deliver a warning to regimes that even now are committing or contemplating atrocities: they will be called to account. Canberra may have concerns about compromising its intelligence gathering and its ties with Jakarta, but a crime against humanity, by definition, is a crime against us all, which transcends issues of politics or sovereignty. When justice was compromised in the past, from Nazi Germany through to Cambodia, the decisions came back to haunt us. Indeed, the release of the DSD documents reflects disquiet within the defence community about this nation's present culpability. Ironically, Australia and Indonesia recently agreed to share intelligence to combat terrorism. In the defence of civilisation, how Australia responds to crimes against humanity is no less significant.

The truth about East Timor

Sydney Mornig Herald Editorial - March 16, 2002

The disclosure in the Herald this week of highly classified Defence Signals Directorate intercepts gathered during the 1999 East Timor crisis has, understandably, raised concerns within the Government that vital "sources and methods" of intelligence may be compromised. However, equally concerning is the Australian Government's concealment of evidence pointing to the higher level of responsibility in the Indonesian military for the serious crimes against humanity in East Timor, previously blamed on "rogue elements". Such concerns are clearly shared by members of the defence community, as the unprecedented leaking of contemporary, "raw" DSD intercepts attests.

While the Indonesian military may respond to the disclosure with measures to increase its communications security, and making the job of DSD more difficult, the benefits of disclosing this crucial evidence must be considered. The intercepts detail the command structure, objective and the methods of the Indonesian military's proxy campaign to retain territorial control of a restive East Timor. This unsuccessful campaign, using local armed militia groups, caused widespread damage, death and disruption. The legal accounting for these crimes is yet to take place. The Indonesian trials, which began this week, so far include a limited number of suspects.

The senior officers among the accused are charged with the lesser offences of failure to control their subordinates. The DSD intercepts, however, outline a much more direct and sinister role in orchestrating the violence by these and other senior military officers, who remain untouched. Indeed, several of these officers have since been promoted into important positions. This failure of accountability is not just Indonesia's, but also that of the international community which has left Jakarta to try its own. It is still just possible that the provision of this Australian intelligence material may persuade Indonesian prosecutors to widen the scope of their trials. It should also refocus the attention of the United Nations on the possibility of an international war crimes tribunal should Jakarta fail to punish those who planned and controlled the operation. It would also be useful to consider the possibility that Australia's broader political objectives could be advanced with the use of these intercepts. The exposure of such a high-level conspiracy within the Indonesian armed forces could assist Indonesia's own efforts to reform the military and to exclude corrupted officers from senior positions. This may contribute more to Australia's long- term security than the preservation, in the short term, of intelligence assets.

Labour struggle

Indonesian maids 'treated like slaves' abroad

Straits Times - March 21, 2002

Jakarta -- Indonesia had better stop sending its citizens to work as housemaids abroad because they are often treated like slaves, said a minister who claimed that the fate of these workers gave him a headache.

"I would say that we had better stop sending house helpers to foreign countries because they are often treated as modern-day slaves there," Manpower Minister Jacob Nuwa Wea said, according to an Antara news agency report.

He said the conditions in which Indonesian women workers had to work in these countries were lamentable. "A myriad of issues on their fate in foreign countries is now causing me headaches," he added.

Indonesia has more than one million workers overseas, mainly in the Middle East, Hongkong, Malaysia and Singapore. They are mostly maids or unskilled labourers doing menial jobs. There have been dozens of cases of Indonesian maids being badly treated in foreign countries.

Mr Jacob said the country faced a dilemma as unemployment kept rising owing to more people joining the workforce. But many parents who knew their children were being badly treated overseas wanted them to return home, he said.

Workers demand dismissal

Jakarta Post - March 20, 2002

Tangerang -- Some 250 workers of PT Sandang Indo Pratama staged a protest rally at the Municipal Manpower Agency's offices on Jl. Perintis Kemerdekaan I on Tuesday, demanding the dismissal of the company's production supervisor.

"The supervisor, Zakaria, has frequently harassed workers with his insulting words. I was once ordered to give him sexual favors at work," said a female worker.

The workers began their rally at 10 a.m., and carried banners, one of which read "Fire Zakaria now, all the workers hate him". The workers had earlier protested at the company's garment factory in Bambu village, Legok district, Tangerang, but were disappointed as the company's director, Darmawan, took the side of the supervisor.

Gatot Subagyo, a labor activists, said that Zakaria had allegedly hired local thugs in break up an earlier rally staged by the workers.

KAI workers want Berto axed

Jakarta Post - March 20, 2002

Yuli Tri Suwarni, Bandung -- More than 500 workers of PT Kereta Api Indonesia (KAI) marched to the state railway company's headquarters in the West Java capital of Bandung in yet another move to pressure the newly installed president director to resign.

The protest, also involving representatives of their colleagues from other Java and Sumatra provinces, came as the company's board of directors and heads of regional railway stations held a two-day working meeting in the same office.

The workers demanded that KAI president director Omar Berto, who was sworn in on February 13, quit the post, citing that he was unsuitable to lead the company.

Amin Abdurachman, secretary-general of the Railway Trade Union (SPKA), said Berto was a member of the previous board of directors, who had all resigned in recognition of their moral responsibility for December's fatal head-on collision that killed at least 30 people in Brebes, Central Java. He had played a role in contributing to the company's mismanagement and was blamed for many rail crashes, Amin said.

Last month, KAI employees threatened to boycott the operations of some business- and executive-class trains serving the Jakarta- Java route if the government retained Berto in his current post. But they later canceled the threat and instead met leaders of relevant agencies to air their grievances and demands.

"We have gently made known our objections, through audiences with the minister of state enterprises and the House of Representatives Commission V. The commissioners have also signaled that Berto should resign. But, until now, nothing has changed," Amin told the demonstrators on Tuesday. "We are tired and frustrated. The government appears not to be listening to the workers' aspirations," he added.

The four-hour protest ended at 12 a.m. Amin claimed the demonstrators represented 34,000 workers from the company across Indonesia, all opposed to Berto. He vowed to continue protesting until the president director was fired.

"If Omar Berto is not replaced, make sure that a strike occurs," read one banner carried by the protesters. "Friends should believe that demonstrations and strikes are the best way now to force the government to heed our aspirations," said Slamet, a representative from Operational Region V in Purwokerto, Central Java.

Amin said that when Berto served as the company's business development director, he failed to put in a good performance. In a response to the rising pressures against him, Berto said, "Please go ahead with the demonstrations. It's not a problem because I am still entrusted by the board of commissioners to run this company. I will continue".

Goodbye Malaysia, hello Brunei

Straits Times - March 18, 2002

Ignatius Stephen in Bandar Seri Begawan -- Some 76,000 Indonesian workers, including those deported from Malaysia, have turned to Brunei to look for jobs as tailors, construction workers, drivers and cleaners, among others.

East Java is preparing to send these many skilled and unskilled workers to the sultanate this year, an Indonesian daily recently reported. It is not clear, however, if Brunei is ready to absorb such a large number of workers.

About a third of its population of 300,000 consists of immigrant workers and there is wariness about taking in more people during the current economic downturn which has affected the employment prospects for the locals.

Late in January, Malaysia suspended hiring Indonesians after workers from that country were involved in a series of ugly brawls. It also began deporting illegal immigrants from Indonesia and announced that it wanted to phase out Indonesian workers, especially in the industrial, plantation and construction sectors.

In Brunei, Indonesians are eyeing jobs as nurses, maids, shopkeepers, drivers, cleaners, painters and workers in the mining industry. There are up to 31,000 Indonesians currently working in Brunei, with 15 per cent of them employed in the formal sector and the remaining in the informal sector, according to Indonesian Ambassador to the sultanate Rahardjo Djojonegoro.

A training centre has been set up in East Java to prepare the Brunei-bound Indonesian workers, an official at the Indonesian Embassy in Brunei recently told the Borneo Bulletin. It is being run as a joint venture between a Bruneian and an Indonesian workers association called Pagyuban Tenaga Kerja Indonesia (PATKI).

The idea is to train the workers in the skills in demand and to orient them for Brunei's working environment. Although not the only training centre for overseas-bound Indonesian workers, it is the first to specifically train Brunei-bound workers. The vocational skills being provided there meet the working standards in Brunei, said Mr Rahardjo, who inspected some training centres last week.

"I will be able to sleep well after looking at this training. Conflicts between employers and workers will not take place if labour professionalism, like that displayed by the prospective Indonesian workers during this training, is maintained," he said.

PATKI head Hadianto said the East Java manpower office had received requests from Brunei for more than 1,100 workers, mostly skilled ones, between March and April. To meet the demand, the East Java manpower office had trained 330 people as tailors, construction workers, shopkeepers, drivers and cleaners, he said. At least 100 of these are students from vocational senior high schools, he added.

Some 51 workers, who participated in the training, left for Brunei last week to work as maids, tailors, shopkeepers and construction workers. Mr Rahardjo said he hoped more skilled Indonesian workers would head for Brunei.

He also said he hoped that they would acquire greater bargaining strength to compete with their counterparts from other Asian countries. Nearly 50,000 Malaysians and more than 20,000 Filipinos work in Brunei.

Workers union opposes Indosat sale plan

Jakarta Post - March 19, 2002

Debbie A. Lubis, Jakarta -- In another sign of what appears to be an emerging trend among labor unions in opposing the government's crucial privatization program, the labor union representing the workers of state-owned post and telecommunications firms (ISP Postel) urged the government on Monday to drop plans to sell a stake in the state-owned international call operator PT Indosat Tbk to foreign investors.

ISP Postel chairman Abu Syukur said that the 100,000-member union would launch a full-scale strike if the government proceeded with the sell-off plan. "We are not speaking on behalf of ourselves but rather we do not want the government selling national assets to foreign companies ...," he said during a press conference.

The government, which currently holds a 65 percent stake in the publicly-listed Indosat, plans to sell a further 15 percent stake in the company in June to raise around Rp 1.7 trillion (about US$170 million). The government is also due to sell another 30 percent stake in October to a strategic investor. The divestments are part of the government's privatization program this year, which is aimed at raising a total of Rp 6.5 trillion to help finance the 2002 state budget deficit.

Earlier reports said that there were seven international telecommunications companies interested in buying a controlling stake in Indosat, including Australia's Telstra Corp., Vodafone Airtouch PLC, France Telecom's mobile unit Orange SA, Hutchison Whampoa Ltd., Telekom Malaysia Bhd., Singapore Telecommunications Ltd., and British Telecommunications PLC.

In addition to raising badly needed cash, completing the privatization program is also important for proving to both international creditors and investors that the government is strongly committed to implementing painful economic reform programs.

But the threat from ISP Postel may indicate growing opposition from labor unions to the government's privatization and asset sale program. Last year, the government failed to sell a controlling stake in cementmaker PT Semen Gresik to Mexico's Cemex SA de CV due to strong opposition from various quarters, including company employees. Last week, the government's plan to sell a 51 percent stake in Bank Central Asia (BCA), the country's largest retail bank, nearly collapsed following a massive protest by the bank's employees.

Although the government has named a consortium led by US investment firm Farallon Capital as the new owner of BCA, thousands of workers fearing job losses are still considering staging further demonstrations.

Completing the BCA sale is crucial for the government's attempts to win the support of international creditors grouped in the Paris Club for the rescheduling of more than US$5 billion in the country's sovereign debt maturing in 2002 and 2003. The debt rescheduling is the key to ensuring the sustainability of the state budget.

The government has listed some 24 state-owned enterprises as candidates for the privatization program this year. It also plans to divest its stakes in several other nationalized banks.

Officials from the office of the State Minister for State Enterprises were not available for comment.

ISP Postel plans to pay a visit to the ministry on Thursday, bringing along some 10,000 members to express their opposition to the privatization program. "We are white-collar workers. We will negotiate with the government first, but the union has around 100,000 members who are ready to support action if we fail to reach an agreement with the government," Abu said.

He also said that the country would suffer more losses if quality assets like Indosat were to come under the control of foreign investors.

Aceh/West Papua

New violence claims 15 lives in Indonesia's Aceh

Agence France Presse - March 19, 2002

Banda Aceh -- Fifteen killings have been reported over the past two days in Indonesia's rebellious Aceh province, the army and witnesses said Tuesday.

Troops shot dead four men during a routine search for rebels in the Syamtalira Bayu area of North Aceh early Tuesday, witnesses said. They told AFP on condition of anonymity that the four had run away in fear when they saw the troops entering the area. Provincial military spokesman Major Zaenal Muttaqin could not confirm the report.

In North Aceh on Monday, troops shot dead three suspected members of the separatist Free Aceh Movement (GAM) in the Matangkuli area, Muttaqin said. A handgun and a grenade were seized from the rebels.

Muttaqin said another rebel was also killed in a gunfight in the area late Monday.

A local GAM spokesman, Ishak Daud, said troops had killed six civilians in the Simpang Ulim area of East Aceh on Sunday and Monday. He said the killings were to avenge the death of a marine last week. Residents of the area said they had witnessed the killings. "The bodies were found buried hastily," said one.

Muttaqin said he had not received any reports about the incident but added that "it is very impossible for Indonesian armed forces soldiers to shoot civilians because their job is to protect civilians from GAM."

Residents in the Ulee Kareng area of Aceh Besar district on Monday found a male corpse bearing torture marks and gunshot wounds, a humanitarian activist said Tuesday.

An estimated 10,000 people have died since December 1976 when the GAM began its fight for an independent Islamic state in the province on the northern tip of Sumatra island. More than 300 have been killed this year alone in the energy-rich province.

At least 12 killed in Aceh weekend violence

Agence France Presse - March 17, 2002

Banda Aceh -- At least 12 people have been killed in the latest outbreak of violence in Indonesia's Aceh province on the weekend, police and residents said Sunday.

Six suspected members of the separatist Free Aceh Movement (GAM) were shot dead in the Lambaro Angan, in the Aceh Besar district on Saturday, one Aceh police spokesman, Adjunct Senior Commissioner D. Achmad, said.

They were killed in a shootout after a team of 30 police were attacked as they came to Lambaro Angan to seek for rebels there. But local residents said that the victims were civilians, all farmers who had nothing to do with the GAM and were shot while they were working their ricefields by police sweeping the area for rebels.

A resident told local journalists that three of the victims were teenagers. Ayah Sofyan A GAM spokesman also said the five of the dead were civilians but admitted that one rebel had died from his wounds suffered during a clash with police.

Three members of the police elite Brimob unit were also wounded by an armed group of men in Bukit Tinggi, East Aceh on Friday, Ahmad said. The attackers were believed to be deserters of the police unit, he said.

An estimated 10,000 people have died since December 1976 when the GAM began to fight for an independent Islamic state in the province on the northern tip of Sumatra island. More than 300 have been killed this year alone in the energy-rich province.

Reformasi

Activists hold rally to mark reform failure

Jakarta Post - March 22, 2002

Jakarta -- Hundreds of activists, skeptical about the government's effort to protect the people's rights, held a rally in Jakarta on Wednesday, expressing disappointment that the reform era failed to curb state violence against civilians.

The activists also condemned the arrogance of the Indonesian Military (TNI) officials, saying "they are now safer and stronger again under the administration of President Megawati Soekarnoputri." The rally, which was held in conjunction with the commemoration of the fourth anniversary of the National Commission for Missing Persons and Victims of Violence (Kontras), attracted hundreds of representatives from various groups, ranging from non-government organizations and students to families of the victims.

The rally started with a protest march from Kontras' office on Jl. Mendut to the University of Indonesia's compound on Jl. Salemba Raya. During the long march, dancers performed a Kuda Lumping traditional dance.

Also present at the rally were Munir, former coordinator of Kontras, Ori Rahman, coordinator of Kontras, Bara Hasibuan, former member of the National Mandate Party (PAN), and Wardah Hafidz from the Urban Poor Consortium (UPC).

In his speech, Munir condemned Megawati, who used to symbolize the fight against the oppression by the military during the New Order regime, for her failure to stand at the people's side and stop the military's actions. He was referring to a series of violent incidents that occurred during Megawati's tenure as president, including the mysterious killing of noted Papuan independence figure Theys Hiyo Eluay in November last year.

The death of the Papuan Presidium Council leader (PDP), which reportedly occurred only hours after he attended the commemoration of the National Heroes Day at the Army's Special Force (Kopassus) station at Hamadi, Jayapura, sparked speculation about the involvement of the military in the murder. Nevertheless, after months of investigation, both the government and the military teams have yet to disclose whether or not any element of the military was involved.

Munir expressed further disappointment at Megawati's failure to hold several generals responsible for gross human rights abuses, including the Trisakti, Semanggi I and Semanggi II killings that claimed dozen of people's lives.

The officers were former armed forces chief Gen. (ret) Wiranto, former chief of the Army's Strategic Reserves Command (Kostrad) Lt. Gen. Djadja Suparman, as well as former Jakarta Military commander and also incumbent TNI spokesman Maj. Gen. Sjafrie Sjamsoeddin. The generals have even shown contempt for the law by refusing to abide by summonses sent by the inquiry team established by the National Commission on Human Rights in charge of probing the killings.

In the middle of Kontras' effort to encourage a campaign to subpoena the generals, dozens of people attacked and vandalized its office last week, causing major damages, including the disappearance of some important documents regarding the military's rights abuses in several troubled regions such as Aceh and Papua.

In a show of solidarity, a number of the TNI's top brass, including TNI chief Adm. Widodo A.S. and the Army Chief of Staff Gen. Endriartono Sutarto, appeared before the human rights tribunal on Tuesday, as their soldiers were being tried for committing crimes against humanity in East Timor. Many believe that their presence would interfere with the trial. "The military has got back their domination under Megawati's rule," Munir said.

'War on terror'

Kostrad troops trained for Afghan peacekeeping task

Jakarta Post - March 22, 2002

Jakarta -- The Army's Strategic Reserves Command (Kostrad) troops are being groomed for peacekeeping duties in the event they are needed in Afghanistan, Army Chief of Staff Gen. Endriartono Sutarto said on Thursday.

Endriartono said that members of the Indonesian peacekeeping force would all be drawn from the 305th Battalion of Kostrad. "If the UN wishes us to take part, and if we have enough funding to finance the mission, we will extend our help," Endriartono told reporters during the closing of a Kostrad joint military exercise on Thursday.

President Megawati Soekarnoputri officially closed the exercise, which took place at Gunung Sentul near Sukabumi, West Java, 150 kilometers south of Jakarta. Scorpion tanks, Army pilots, armored cars and anti-aircraft weapons were all involved in the drill.

The government had earlier ruled out the possibility of sending a peacekeeping force to Afghanistan under a UN mandate, citing budget constraints. Indonesia, as the world's largest Muslim nation, has been tipped as a favorite for the international effort, along with Pakistan and Bangladesh.

Indonesia has a long history of participation in international peacekeeping efforts dating back more than two decades, including missions in the Middle East, the Congo, Vietnam, and Bosnia- Herzegovina.

Later in the day, Kostrad commander Lt. Gen. Ryamizard Ryacudu confirmed Endriartono's statement, saying that the 305th batallion was prepared for the Afghanistan trip. Ryamizard said that, if his troops were not deemed as qualified for the mission, they could participate as a back-up force. The batallion demonstrated their skills before President Megawati during the opening ceremony.

Ryamizard, a 1974 graduate of the Armed Forces Academy, led an Indonesian peacekeeping mission in Bosnia-Herzegovina in 1996.

Among the dignitaries attending the ceremony were Coordinating Minister of Politics and Security Susilo Bambang Yudhoyono, Indonesian Military (TNI) Commander Adm. Widodo AS, Minister of Defense Matori Abdul Djalil, Forestry Minister Mohammad Prakosa and Chief of the National Intelligence Board (BIN) A.M Hendropriyono.

Also taking part in Thursday's exercise are troops from the 328th batallion, who are prepared to be dispatched to restive Aceh. The soldiers had undergone counterinsurgency training in Sanggabuana camp in Karawang, 50 kilometers east of Jakarta.

Ryamizard said that the joint exercise was aimed at improving the skills of the Army's strike force in the event of a conventional war or an attack by foreign troops.

The rare presence of Megawati to witness a Kostrad exercise drew speculation that she supports Ryamizard's promotion to the Army top post in place of Endriartono, who has been widely seen as the strongest candidate to fill the TNI chief's vacancy. Rumors have it that Megawati will announce Ryamizard's promotion on Saturday.

One Kostrad officer, however, refused to link Megawati's presence with the impending change of guard in the Army. "Megawati was fulfilling a promise she had made to the Kostrad chief to observe a Kostrad exercise when she was the vice president last year," he said.

In her speech atop a tank, Megawati -- while praising the soldiers for their performance and professionalism -- pledged to improve the welfare of TNI soldiers.

US push to chase terrorists melting into the island maze

Sydney Morning Herald - March 22, 2002

Gay Alcorn, Washington -- The United States believes that dozens, possibly hundreds, of al-Qaeda fighters have slipped out of Afghanistan into Indonesia, increasingly seen as a crucial country in the war on terrorism.

The Pentagon is reportedly pressing for its troops to enter Indonesia to help the military fight terrorists, but is being frustrated by the Government's reluctance to accept US help and by political hurdles in Washington.

A Pentagon spokesman, Brigadier-General John Rosa, told a briefing that the US was following the trail of al-Qaeda operatives in Indonesia, the world's most populous Muslim country. "I don't want to be specific and tell you how or what we found. But as you might expect, that is a vast, vast array of islands. Are there easy places to hide there? You betcha."

The White House yesterday tried to play down a report in USA Today that the Pentagon was pushing for forces to go into Indonesia, long identified as one of the 50 or 60 countries in which al-Qaeda operates.

The paper quoted intelligence officials as saying that some of the group's operatives were believed to have slipped into Indonesia by air, but dozens more had travelled in fishing boats from Arabian Sea ports.

Other reports said the US believed that as many as 400 al-Qaeda and Taliban fighters might have escaped from Operation Anaconda in Afghanistan into Pakistan, and then headed for Indonesia or Malaysia.

US, British and Japanese warships are patrolling off Pakistan to catch fleeing terrorists, but US officials acknowledge that Indonesian authorities have little chance of sealing off the country's vast coastline.

Last week, President George Bush said the US "encourages and expects governments everywhere" to help remove "terrorist parasites". Asked whether the US would send troops into countries such as Indonesia and Somalia uninvited, he said: "We will take actions necessary to protect American people."

The US has no intention of forcing its troops on Indonesia, but it is frustrated with what it sees as the lack of political will by President Megawati Sukarnoputri to join the anti-terrorism campaign. Ms Megawati is fearful of co-operating too closely with the US campaign for fear of angering militant Muslims.

In contrast, more than 600 US troops are in the Philippines helping eliminate the militant Abu Sayyaf group, considered far less dangerous than groups such as Jemaah Islamiyah in Indonesia.

The Bush Administration also faces obstacles in Congress, which banned military co-operation with Indonesia after human rights abuses by its troops in East Timor.

Terror suspects linked to Golkar and PAN

Straits Times - March 18, 2002

Manila -- Two of the three Indonesians arrested in the Philippines last week have claimed links with leading political parties, police sources said yesterday.

One of them has also admitted to being a key lieutenant of Muslim cleric and Jemaah Islamiyah (JI) leader Abu Bakar Bashir. Agus Dwikarna told Philippine investigators he was the overall commander of a group called Laskar Jundullah and a chapter head of Dewan Dakwah Islamiyah (DDI).

The DDI, linked to the former ruling Golkar Party, was set up to coordinate the Islamic missionary activities through preachings and sermons, while the Laskar Jundullah advocates Syariah law for Indonesia's 80-per-cent Muslim population.

Tamsil Linrung, the second detainee, said he was a DDI member as well as treasurer of the National Mandate Party (PAN) led by current national assembly speaker Amien Rais. He quit the party post in January.

The third man, Abdul Jamal Balfas, said he was the manager of PT Bumi Daya Kutat, which he described as a contractor for an Indonesian mining firm.

All three were JI members and were arrested on suspicion of having links with the Al-Qaeda terror network.

FBI chief praises Indonesia's anti-terror stance

Reuters - March 16, 2002

Jakarta -- FBI director Robert Mueller has praised Indonesia's efforts against terrorism and says he is looking forward to more cooperation with law enforcers from the world's most populous Muslim country.

Jakarta has been criticised by officials in some countries for not doing enough to clamp down on Islamic radicals but Mueller said Indonesia was playing its part in the war against terror.

The FBI chief, visiting as part of a regional tour, said one purpose of his trip was to "thank the Indonesian government, particularly President Megawati [Sukarnoputri], for the strong stance that she has taken against terrorism."

"We look forward to future joint training cooperative efforts, not only on terrorism but on trans-national crime," Mueller said in a statement issued by the US embassy on Saturday as the FBI chief ended his two-day visit.

"And one of our strong partners will be the Indonesian law enforcement authorities," the FBI director said after meeting chief security minister Susilo Bambang Yudhoyono and other senior officials on the resort island of Bali on Friday. Indonesian officials could not be immediately contacted for comment.

Some officials from neighbouring countries as well as in Washington have said Jakarta should do more against militant extremists, some of whom are believed linked to Osama bin Laden's al Qaeda network, blamed for the September 11 attacks in the United States.

Singapore Senior Minister Lee Kuan Yew set off a diplomatic row last month by saying terrorists remained at large in the sprawling Indonesian archipelago, resulting in demonstrations outside the city state's embassy and the envoy being urged to clarify the remarks.

Jakarta has repeatedly countered such criticism by saying it lacks the draconian laws Singapore and Malaysia use to detain suspects indefinitely without charge, and that authorities from the two neighbours have yet to provide hard evidence against Indonesian nationals.

Indonesian officials also argue that taking hasty steps against Muslim militants without solid legal support could trigger a backlash even from the country's moderate Islam mainstream, the vast majority of the 210 million population.

`Persons who kill'

Mueller also stressed the war against terror was not aimed at Islam but against "persons who kill women and children". "The bottom line for us is that our mutual efforts are addressed against terrorists, not Muslim-Americans, not Muslims around the world, and not against Islam," he said.

The US ambassador to Indonesia, Ralph Boyce, gave a similar message last month in an interview with Reuters, in which he also said he thought President Megawati understood the terrorism problem and its ramifications.

In its latest effort to combat terrorism, Indonesia on Tuesday began drafting an anti-terror law. It is unclear how low it will take the government to complete the draft but Yudhoyono said it was expected to take three months to pass through parliament.

Government & politics

DPR failure in legislation 'should draw penalty'

Jakarta Post - March 22, 2002

Kurniawan Hari, Jakarta -- The failure of the House of Representatives (DPR) to pass 24 bills into law during the current session deprives the public of legislation badly needed to overhaul the country's economic and political scenes.

It will also further delay deliberations on other bills scheduled for the next session as the House has embarked on an ambitious campaign to enact 80 bills this year.

Of the 24 bills slated to be endorsed by the end of the current session on March 28, those on money laundering and establishing a commission for the eradication of corruption are the most crucial as foreign donors have tied much-needed financial assistance to their enactment.

Failure to do so, considered likely, may prompt the Consultative Group on Indonesia and the Asian Development Bank to delay the disbursement of financial assistance totaling US$3.74 billion. The move would severely affect the country's budget deficit which is estimated to reach 2.5 percent of Indonesia's gross domestic product in the 2002 budget.

Donor countries grouped in the Paris Club have also put the enactment of the money laundering bill as a prerequisite for rescheduling Indonesia's sovereign debts, The $5 billion debt, both sovereign and interest, is due in 2002 and 2003.

The parties are scheduled to meet in Paris in April to decide whether or not they would reschedule the debts. A failure to secure a deal may force Indonesia to spend much of its budget on servicing sovereign debts which now stand at $138 billion, half of which belongs to the government.

Other bills urgently needed included reforms on political parties, the election system and the composition of the House and the People's Consultative Assembly (MPR). A delay in the deliberation of those laws will affect the preparations for the 2004 general elections.

In comparison, some 67 bills were passed during former president B.J. Habibie's 16-month rule ending Sept. 1999. Many laws were later revised because of poor deliberation.

The legislators' inferior performance, which is caused mainly by a severe lack of discipline and political rivalry, has sparked calls for non-performing lawmakers to be fired.

Political analyst Arbi Sanit and coordinator of Parliament Watch Denny J.A. recommended that the legislative body should apply the stick-and-carrot approach. "There must be a penalty for lazy legislators that stall legislation activities," Denny told The Jakarta Post on Thursday.

Arbi of the University of Indonesia concurred, saying that there must be an internal mechanism in the House to sack lazy legislators that slow legislative activities. Arbi and Denny said there was no authoritative regulation that enabled either the House or the political party to dismiss legislators -- no matter how lazy they were.

An internal regulation of the House only stipulates that the House may establish an ad hoc honorary council to review any legislators that commit violations of the Code of Ethics.

Meanwhile, Golkar legislator Agun Gunandjar Sudarsa of House Commission II for law and domestic affairs admitted on Thursday that the House's poor performance in the legislation was particularly caused by its internal regulations.

"How can we reach a quorum if some factions have less than 15 members?" Agun asked, alluding to a ruling allowing 10 legislators to set up a faction. He said that a faction in the House should have at least 30 members to deal with daily jobs in nine commissions and four legislative bodies effectively.

Golkar cuts deal to ditch Akbar and save itself

Straits Times - March 19, 2002

Derwin Pereira, Jakarta -- Detained Parliamentary Speaker Akbar Tandjung looks set to be ditched by his Golkar party in a move to avoid a damning probe into a financial scandal that could implicate several other party leaders.

In a last-minute backroom deal still being brokered yesterday, Golkar appeared to have bought some breathing space with legislators backing down on the move to set up a team to investigate corruption allegations.

But it came with an important political caveat: that the party will not impede legal proceedings against Mr Akbar who would be offered as "a sacrificial lamb".

Sources told The Straits Times that the deal had the backing of President Megawati Sukarnoputri and a key faction in her Indonesian Democratic Party -- Struggle (PDI-P) and several Golkar stalwarts, including Mr Fahmi Idris and Mr Agung Laksono.

"Ibu Mega prefers Akbar, as a New Order crony, to remain the focus of investigations rather than drag in other Golkar members," a senior PDI-P legislator said. He said that she wanted to pursue this course of action because she was not prepared for a head-on collision with Golkar, the second-largest parliamentary faction.

Said the source: "It is going to be hard for her to run this country if Golkar makes things difficult for her."

The PDI-P officials said that Ms Megawati preferred legal action against Mr Akbar and others like former economic czar Ginandjar Kartasasmita because it boosted her credentials as a leader who was cracking down on corruption.

Not everyone in her party supported the move to do away with a probe team. This included a faction headed by Mr Roy Janis who saw the probe as a way to improve Ms Megawati and PDI-P's public standing.

The PDI-P's position had long been to support the establishment of a probe team if the legal process did not take its due course. Said party secretary-general Sutjipto: "If the legal process goes well, we don't need such a team."

Indeed, Mr Akbar's dramatic arrest last week has given little reason for the PDI-P leadership to push the case for a parliamentary probe. Legislators yesterday delayed taking a vote on the matter in the face of growing resistance from the PDI-P and Golkar, while others like the Nation Awakening Party (PKB) continued to push for investigations.

Golkar members were fast accepting the reality that Mr Akbar cannot survive the incriminating evidence against him. They would sacrifice him rather than leave other party members exposed to complicity that could lead to Golkar being barred from the 2004 polls.

Said a senior Golkar official: "In the end, many members are putting their own interests and that of their party first. They are not willing to take the risk now to protect Akbar."

Mr Akbar allegedly misappropriated 40 billion rupiah (S$7.3 million) of state funds when he was the state secretary in 1999. He has denied any wrongdoing, saying the money had been used for a government aid programme. But the A-G's Office found that the money allegedly funded Golkar's campaign in the 1999 election. His trial date has been fixed on March 25.

Corruption/collusion/nepotism

Corrupt tag on nation hurts, says Megawati

Straits Times - March 18, 2002

Jakarta -- It hurts to see Indonesia being tagged as the most corrupt nation in Asia, said President Megawati Sukarnoputri yesterday while calling on Indonesians to work hard to shed the image.

She was referring to a poll, based on a survey of 1,000 expatriate businessmen working in Asia, which listed the country as the most corrupt in Asia. It was released by the Singapore- based Political Economic Risk Consultancy earlier this month.

"No matter whether the results of the survey are correct or not, it really does hurt and makes me really concerned," Ms Megawati said in a speech at a ceremony to mark the 29th anniversary of her Indonesian Democracy Party for Struggle (PDI-P). "We have to end this situation and we should enforce the law," she said in Semarang, Central Java.

She said a belief that law and justice could be bent by money and power was one of the main reasons enabling corruption to flourish. Justice should be equally applied to everyone, she added.

Human rights/law

East Timor rights trial illegal, defence lawyers claim

Agence France Presse - March 22, 2002 (abridged)

Jakarta -- Defence lawyers Thursday challenged Indonesia's new human rights court as illegal as East Timor's former governor and police chief appeared again over militia atrocities in the territory in 1999.

The objection was made by lawyers in the trial of ex-governor Jose Osorio Abilio Soares, 54, who is accused of gross human rights violations by ignoring crimes committed by his deputies. Also appearing separately in the court for the second time was former police chief Timbul Silaen, 53, who faces similar charges.

Outside Central Jakarta district court about 100 supporters of notorious pro-Jakarta militia chief Eurico Guterres protested at what they called foreign interference in justice and aired support for the Indonesian military and police actions in East Timor. Demonstrators burnt a mock ballot box to show opposition to the territory's United Nations-sponsored vote for independence in August 1999. "Serious war crime? It's crazy, Mr Annan" read one placard in reference to the UN secretary-general.

A total of 18 military, police, militia and civilian officials including Guterres are due eventually to face trial in the rights court over the army-backed attacks by pro-Jakarta militias on independence supporters in April and September 1999.

Soares and Silaen, who are accusing of ignoring the massacre of scores of people, face penalties of between 10 years' jail and death if convicted. Juan Felix Tampubolon, for Soares, said the defence team had demanded a review by the People's Consultative Assembly and by the Supreme Court of the 2000 law which set up the rights court.

"The Human Rights Law very much runs against the constitution concerning the principle of retroactivity. It is very clear in the constitution that the principle of retroactivity [passing a law to punish earlier crimes] cannot be applied to anyone over anything," Tampubolon said.

"That is the essence of our objection to the trial ... we are certain that if the review of the law is purely conducted on a legal basis, then this trial will not continue." The defence team also said the law did not mention East Timor as part of the court's jurisdiction.

Otto Kaligis, another defence lawyer, said the trial of Soares "was full of political content and influence from overseas." The defence team also said Soares should not be held accountable for his subordinates' actions since district heads were chosen by the local parliament. Soares, 54, is charged with responsibility for violations by the civilian heads of the Liquicia and Covalima districts, Leonito Martins and Herman Sedyono, and by Guterres.

Prosecutors in Silaen's trial at the same court rejected some similar arguments raised last week by his lawyers. They said the jurisdiction cited by defence lawyers referred only to a permanent human rights court and not an "ad hoc" one like the current hearing. Both cases were adjourned to March 28. Neither defendant is in custody.

Trials and tribulations: The East Timor tribunal

Asia Times - March 22, 2002

Mustafa Ali (Inter Press Service), Jakarta -- For many, the presence of Indonesian top brass at the resumption of the East Timor trial on Tuesday brought a heavy air of intimidation into court.

The officers said they merely showed up to give moral support to their three subordinates, who are among the 18 accused of human- rights violations in the violence after the independence vote of August 1999. But rights activists took this as nothing less than a confirmation of their doubts on the credibility of the Indonesian justice system and the trial's potential for bringing about justice.

The closely watched East Timor human-rights tribunal holds high stakes not only for Indonesia's international image, but also for its political development. Activists, however, warn against pinning too much hope on the trial, citing as major obstacles the lack of transparency and the presence of several loopholes in Indonesia's legal system, which has long functioned under an authoritarian set-up.

"Everybody in Indonesia has doubts about its [the trial's] credibility," said Nursyabani Katjasungkana, secretary general of the Indonesian Women's Coalition for Justice and Democracy. Skepticism is the dominant attitude among most Indonesian rights activists. They say a corrupt judicial system, along with inexperienced judges and state prosecutors, is a potential obstacle in the country's first ever human-rights tribunal, not to mention the lack of general understanding on rights issues among Indonesians.

Indonesia's image was marred after its troops were accused of involvement in mass executions in East Timor before and after the United Nations-sponsored ballot of August 10, 1999, that resulted in a vote to break away from Jakarta's rule. Since the carnage of the post-vote period, Jakarta has been under pressure to create rights tribunals to bring errant solders and pro-Jakarta Timorese militia to justice. The United States, which took the lead in the campaign, stopped all military cooperation, including the sale of weapons, until a trial takes place.

Indonesia, however, had rejected the idea of international tribunal and insisted that it conduct the trial under its own law. It took two-and-a-half years to establish an ad hoc human- rights court and pass a human-rights law and the necessary legal instruments. But these steps do not seem to be the right answer for critics. Such organizations as Indonesian Legal Aid and Human Rights Association (PBHI) and the National Commission on Human Rights (Komnas HAM) echoed the same opinion: the loopholes were many, and transparency was far from adequate.

"It is better to be not too optimistic," Asmara Nababan, secretary general of the National Commission on Human Rights (Komnas HAM), told the press.

Rights experts say Law No 26/2000 on Human Rights, which is being used as the main legal basis for the trial, excludes the possibilities of using any law other than Indonesia's criminal code. The code, however, has fundamental weaknesses when dealing with gross human-rights violations -- such as the absence of international standards on admissible evidence, testimony and medical evidence.

There are also fears that the charge of genocide will be dismissed, because the term is taken to refer to the annihilation of the population. But the suspects are charged in the deaths of dozens of people in separate incidents, so some could argue that this does not constitute genocide. The new law also neglects the "forced displacement of people", which in the case of East Timor means more than 100,000 people living as refugees across the border into Indonesia-ruled West Timor.

Doubts also surround the issue of the accountability of the selection of the 17 judges. Because the process was done quietly, the public did not have opportunities to check on their track records and affiliations. "The doubt is understandable because the process of selecting the judges was not very transparent," said Mulya Lubis, a well-known human-rights lawyer.

Nusryabani said most of the judges are university lecturers who were not known in human-rights circles and had no experience in human-rights issues. "We don't know who they are," she pointed out. Among the 24 ad hoc state prosecutors appointed by the Attorney General's Office are two active military officers.

A series of trials, which began on March 14, will bring in the 18 persons accused of gross human-rights violations, among them three army generals, a police general, and a former governor of East Timor. The violent incidents to be brought to court are the massacres in two churches in Suai and Liquica districts, attacks on the residence of Dili Bishop and Nobel laureate Carlos Filips Ximenes Belo and pro-independence leader Manuel Carrascalao, and the killing of a group of nuns and civilians in Los Palos. Each incident resulted in many deaths. The 18 accused could face 10 to 20 years in prison or even a maximum sentence of death.

In an editorial, the English-language Jakarta Post said the tribunal should answer many of the questions waiting to be clarified for the past 30 months. "We know what happened in 1999," it wrote. "But we are short of explanations as to why these events happened at all." The daily also expressed concern that the pressure on the Indonesian government to hold the East Timor tribunals has come mostly from foreign governments -- while domestic pressure for accountability by the Indonesian government was "nearly non-existent". Therefore, according to this argument, the tribunals might turn out to be only an attempt to please the international community instead of a genuine attempt to find the truth and uphold justice.

"For most Indonesians, East Timor was not just a mistake," the editorial pointed out, "but a nightmare they would rather forget, especially now that the territory is no longer part of the republic."

Apart from the silence from Indonesians about the trial, Nursyabani also expressed concern about the reactions from the Indonesian military thus far. She said the presence of top- ranking military officers in court was intimidating both the judges and the public. For her, a successful military influence over the trial means a stronger military role in politics as a whole. And prior to the trial, local media also reported that Major-General Timor P Manurung, head of the Indonesian military's legal department, said the army headquarters fully supports its officers in the trial. Timor also insisted that the officers "were only doing their duty".

"It remains to be seen how well the judges can fulfill their duties," said Mulya. "For me it is still a good start, since it is the first time that Indonesia can bring army generals to court."

Meanwhile, activists say that an international tribunal is still an option. Nursyabani says that if the domestic justice system does not work, rights groups will demand proceedings at an international court.

Tommy-related cases: When A becomes B

Jakarta Post - March 22, 2002

Muninggar Sri Saraswati, Jakarta -- Many people tell lies. They may lie to their boss, spouse, neighbors, and even to the police, or judges.

During police investigation, a suspect may say 'A', but then, when he or she is brought to court, he or she may say 'B' instead of 'A'. Defendants commonly withdraw their statements made before the police, claiming that they were coerced into making certain statements.

That has also been the case with several defendants related to Hutomo "Tommy" Mandala Putra. Take Elize Maria Tuwahatu, for example. Elize was Tommy's accomplice who was sentenced to 10 years in prison last year for the illegal possession of bombs. During the police investigation, she admitted that she had received the bombs from Tommy. The statement was made in the presence of a lawyer. But when she was tried at the East Jakarta District Court, she withdrew her statement, saying that she made the statement under police coercion.

Hetty Siti Hartika, the manager of Cemara Apartments which belongs to the Soeharto family, also withdrew her statement in the police dossier that implicated Tommy in the same case.

R. Maulawarman alias Molla and Noval Hadad, Tommy's bodyguards who are currently on trial for the murder of Supreme Court Justice M. Syafiuddin Kartasasmita, also withdrew their statements. All of them retracted their statements related to Tommy, even though the statements had been made in the presence of their lawyer.

And all of that is allowed under Indonesian law. In the courtroom, a defendant may lie in order to defend himself because he is not under oath.

Chairman of the Indonesian Legal Aid and Human Rights Association (PBHI) Hendardi said defendants, guided by their lawyers, may try to confuse law enforcers by giving inconsistent statements. In the end, it all depends on the judges whether they accept the "lies" or not.

"It depends on the judges, whether they allow the defendant to fool them or not. They should be alert to the tricks of the defendant and the lawyer," he said. He noted that it is a common practice for the police to use pressure during the investigation.

In order to avoid such things, Article 56 paragraph 1 of the Criminal Procedures Code stipulates that a suspect or a defendant facing a charge that carries a minimum penalty of five years imprisonment must be accompanied by a lawyer during questioning.

The law also stipulates that the investigator must inform a suspect of his right to have a lawyer present during questioning. But verdicts often do not reflect the people's wishes because of behind-the-scenes games by courtroom players.

Adnan Buyung Nasution resigns from TNI defense team

Jakarta Post - March 20, 2002

Jakarta -- Noted lawyer and founder of the Indonesian Legal Aid Foundation (LBH) Adnan Buyung Nasution resigned on Tuesday from the Indonesian Military (TNI) defense lawyer team for East Timor human rights case, saying that he wouldconcentrate more on the consolidation of LBH.

Adnan revealed to the media on Tuesday that his decision to be "non-active" on the TNI defense team was based on the fact that LBH has gone off its original track as an advocate for upholding the supremacy of the law and democracy.

He flatly rejected rumors that he resigned due to pressure from LBH. "LBH is supposed to fight militarism, but in the latest development the organization has become anti-military and anti- police and also somewhat anti-state. It is our duty to provide a fair and proper defense for our military and police officers, because they are also Indonesian citizens," Adnan said as quotedby SCTV private television station.

Adnan further said that there was friction between LBH members and that some even wanted to turn LBH into a mass-organization with certain political goals. Adnan, however, refused to elaborate further.

In a period when the TNI and the National Police are being battered and their image tarnished both nationally and internationally, the officers "deserve to get the best possible defense", he said. "It is everybody's right to have a good legal defense. We can't be naive and said that 'he's not a human rights lawyer because he defends the military'," Adnan said.

The current TNI defense team is led by Bob Nainggolan. Other members are Hotma Sitompul and Moh. Assegaf. Adnan, however, said that he would be "open to give any advice" on the defense of TNI and the National Police in the East Timor case.

Top brass on parade for accused subordinates

Sydney Morning Herald - March 19, 2002 (abridged)

Catharine Munro, Jakarta -- Indonesia's top military brass descended on a courthouse in Jakarta yesterday to give moral support to a group of low-level commanders accused of human rights abuses in East Timor.

The four officers became the country's first soldiers to face charges of crimes against humanity in Indonesia's landmark tribunal, which is examining abuses before and after East Timor's independence vote in August 1999.

Commander Widodo Adisucipto sat in court as charges were read out. Standing in and outside the court were about 25 members of the military's feared special forces, Kopassus, while 300 anti- East Timor demonstrators staged a protest outside. One placard read "Mr Howard is the Indonesian people's enemy".

Admiral Widodo was accompanied by Brigadier General Tono Suratman, a military spokesman who is one of the 18 suspects in the human rights abuses in East Timor but has not been charged. Also present was Major-General Syafrie Syamsuddin, a former Kopassus member, who is the new spokesman. for the military. He is accused by human rights activists of helping to plan the East Timor violence.

Let's do it right

Jakarta Post Editorial - March 19, 2002

Indonesia finally has begun prosecuting the military soldiers, police officers and government officials in charge of East Timor in 1999, the year the territory overwhelmingly voted to become an independent nation. Two and a half years in the making, the East Timor tribunals should be seen as a golden chance for Indonesia to prove to the outside world that it can live up to its responsibilities as a member of the international community.

The violence that broke out in East Timor before and after the UN-sponsored ballot in August 1999 has tarnished the image and reputation of Indonesia. Put in simple terms, Indonesia failed to protect the lives, the safety and the property of the East Timorese under its charge. Keep in mind that it was Jakarta who insisted that security arrangements in East Timor during the self-determination vote be entrusted to the Indonesian Military.

And Jakarta's reluctance and foot-dragging in prosecuting those responsible for the violence has only destroyed what little credibility Indonesia still commanded in the eyes of the world in the wake of the 1999 mayhem.

The tribunals, which will try 18 government officials, military soldiers and police officers, should answer many of the questions that have been lingering for the last two and a half years. We know what happened in 1999, but we are short of explanations as to why these events happened at all.

Shortly after it became apparent that pro-Indonesian forces in East Timor had lost the vote by a landslide, violence on a mass scale erupted in East Timor. Hundreds of thousands of East Timorese were herded at gunpoint by pro-Indonesian militias across the border into the western part of Timor island. Those who did not comply were slaughtered. Most towns, including the capital Dili, were destroyed as was most of the infrastructure that Indonesia had built over the 25 years it ruled the territory.

There are allegations that the violence was a deliberate policy, in fitting with the Indonesian Military's scorched-earth policy. Even if the violence was not a deliberate policy, there are questions about the failure of the Indonesian security apparatus to prevent the attacks. At any rate, someone within the Indonesian government, particularly the Indonesian Military, should be held accountable for this mayhem, which caused a major international uproar.

The tribunals, for all their shortcomings, should at the very least come up with some credible explanations about the unfortunate chain of events in East Timor in 1999. Once the tribunals have established the truth, they should have the courage to mete out punishments that fit the crimes.

Indonesia has wasted so much time trying, in vain, to prevent the tribunals from taking place. It dragged its feet in formulating a human rights law, establishing the human rights tribunal and enacting other necessary legal instruments.

It is unfortunate that pressure on the government to hold the tribunals has come mostly from outside the country. For most Indonesians, East Timor was not just a mistake, but a nightmare they would rather forget, especially now that the territory is no longer part of the Republic. This explains why domestic pressure for the tribunals is nearly nonexistent.

It is left to the international community to remind Jakarta of its obligations in East Timor. The United States is leading the campaign to put pressure on Indonesia, halting all military cooperation with Jakarta, including the sale of weapons, until it sees a credible trial take place.

The danger in this is that the tribunals may be seen largely as a response to outside pressures or an attempt to please the international community, rather than a genuine attempt to find the truth, uphold justice and punish the guilty.

For what it is worth, the East Timor tribunals have finally begun. The best we can do now is hope that justice be allowed to run its full course. While it is not our intention to interfere in the legal process, we hope that members of the tribunals realize what is at stake and get down to work and uncover the truth in a swift manner. Justice delayed is no justice at all.

Here is a rare chance for Indonesia to do the right thing. This is not simply a matter of restoring Indonesia's honor and integrity in the eyes of the world. We owe this to ourselves as much as to the East Timorese who lost their lives, their livelihoods and their homes in 1999. Let's not squander this opportunity.

Tommy Suharto on trial for his life

Agence France Presse - March 19, 2002

Jakarta -- A member of Indonesia's once omnipotent Suharto clan goes on trial for his life Wednesday amid heavy security in a case certain to cause a storm of interest.

Hutomo "Tommy" Mandala Putra, youngest son of the former dictator Suharto, is accused of murdering of a judge, possessing weapons and fleeing from justice. The first two offences are punishable by death.

But critics doubt Tommy will be convicted of the most serious offences, citing a corrupt legal system and low prosecution standards. Tommy will be tried at the Central Jakarta district court by three judges headed by Amiruddin Zakaria, said court spokesman Andi Samsan Nganro.

Extra security is expected for the much-anticipated trial, which is open to the public and television crews. "This is a big case and it will surely attract huge public interest. The police know it and therefore they will provide extra security," Nganro, who is also a member of the panel, told AFP.

The trial is expected to last for three or four months owing to the number of witnesses, Nganro said, and will be held just one day a week.

Former millionaire playboy and tycoon Tommy is accused of ordering the contract killing in July 2001 of supreme court judge Syafiuddin Kartasasmita, who in September 2000 had sentenced him to 18 months' jail for a corrupt land deal.

Tommy, 39, failed to turn himself in and went on the run for a year. He was arrested on November 28. Police say they found firearms and explosives in premises linked to Tommy during their search for him.

His lawyer Elza Syarief said her client remained calm ahead of the trial. "He feels he didn't do anything he is charged with and he hopes that the trial will be fair and honest and is not swayed by the public opinion against him," Syarief told AFP.

But she said Tommy is worried that his trial will worsen his father's already failing health. "I'm sure he is worried about his father. It is proven by his eagerness to see his father recently."

Suharto, 80, who wielded near-absolute power during his 32-year rule until May 1998, suffered an intestinal haemorrhage on Wednesday. His health appeared to improve after he was visited by Tommy late on Thursday.

"Mr. Harto knows what is Tommy going through and expressed his desire to attend the trial to give support for Tommy. But I and Tommy wouldn't allow him because of his poor health," Syarief said. "We're still in the process of forming a defence team. But the fact is Tommy denies all the charges and the killers [of Kartasasmita] have retracted their testimonies that Tommy ordered the killing," she said.

Syarief said police had also cited a man as another suspect. "It was reported that he is allegedly the person who had ordered Mulawarman and Noval to kill Mr. Syafiuddin," she said. Noval Hadad and R. Mulawarman are accused of the actual killing and are on trial separately.

Tommy's trial caps an extraordinary month for Indonesia's often derided legal system. On March 13 central bank governor Syahril Sabirin was convicted of corruption and sentenced to three years in jail, although he remains free pending appeal.

On March 25 parliament speaker Akbar Tanjung will face trial for graft.

But human rights lawyers said Tommy's wealth and political connections could rule out a heavy sentence. Time magazine in June 1998 estimated his wealth at 800 million dollars. "I'm not too optimistic about the trial because there seems to be efforts not to investigate the case in a more expansive way," said Hendardi, chairman of the Indonesian Legal Aid Association.

"There seems to be an attempt to cover up Tommy's network, which I think involves a certain political power," he said, citing the possibility of military involvement in Tommy's flight. "I'm worried that some people will be punished and Tommy will eventually walk free with his alibis. Even if he's jailed it will be minimal," Hendardi said.

Munir, of the Commission for Missing Persons and Victims of Violence, told AFP: "The difficulty experienced by police to arrest Tommy shows that he is still powerful. The power of the Suharto family will also influence the outcome." Munir said he believed Tommy would eventually end up in prison but for a short time.

Indonesian court puts military impunity on trial

Christian Science Monitor - March 15, 2002

Dan Murphy, Jakarta -- Munir had dreamed of this day for years, and as head of the Commission for Missing Persons and Victims of Violence (Kontras), he had helped to bring it about: the nation's first trial of senior leaders for crimes against humanity, committed in East Timor in 1999.

But as a special court opened yesterday to try 18 suspects, including three military officers, accused of four atrocities in East Timor, Munir was conspicuously absent from the jam-packed gallery. Instead, he was sifting through the wreckage of his office, one day after it was ransacked by a mob of 300 military supporters.

"This attack was about our ongoing efforts to bring senior officers in the military to justice," said Munir yesterday, sitting on a bench outside his office. "The irony of this happening the day before the East Timor trial isn't lost on me."

Convictions in the trial could pave the way for the US to resume military ties with Indonesia -- something that would strengthen President Megawati's government, and turn the world's largest Muslim country from a reluctant ally to a wholehearted supporter of the US war on terrorism. Observers say this trial could also mark the end of a tradition of impunity for the Indonesian military.

Defendants at the hearing yesterday included former East Timor Gov. Abilio Soares and a former East Timor police chief, Brig. Gen. Timbul Silaen. They are charged with knowingly permitting their subordinates to participate in "wide and systematic attacks" against civilians, including a massacre of 26 refugees at a church in September 1999. Mr. Silaen says the accusations are false.

Other defendants include Maj. Gen. Adam Damiri, the senior commander overseeing East Timor at the time, Brig. Gen. Tono Suratman, the former East Timor military commander, and Col. Noer Muis, also a former East Timor military commander. They are the most-senior Indonesian officers ever to face a civilian court for human-rights crimes.

Armed Forces spokesman Maj. Gen. Sjafrie Sjamsoeddin told reporters that the military is giving its "full moral support" to the accused.

The US Congress banned military assistance and training for the Indonesian military in the wake of the East Timor violence, which left more than 100 dead and displaced 250,000 people after the former province chose independence in a UN-sponsored poll. But some diplomats and Indonesian human rights activists warn the US against resuming military ties.

"Using the outcome of this tribunal as a parameter for resuming relations with the Indonesian military would be an enormous mistake," says Hendardi, chairman of the Indonesian Legal Aid and Human Rights Association. "Until they've gotten out of politics and shown they've changed their methods, you can only create more victims by resumed contact."

Critics point out early warning signs in the legal process. None of the 18 defendants are being held in jail, few if any of the judges have a background in human-rights law, and no witnesses have been summoned from East Timor, where the alleged crimes were committed.

"They're charging these men with knowing that violent crimes were to be committed, but the prosecutors don't seem to know who committed the violence themselves," says Mohammad Asrun, a lawyer and spokesman for Judicial Watch, a watchdog group. "The defense should be in a great position when it starts arguing."

Mr. Asrun and others say that by choosing to prosecute just four instances of violence, it does not appear prosecutors will attempt to prove a pattern of premeditated violence by the military as an institution.

The murder of former Monitor contributor Sander Thoenes -- who, UN investigators say, was killed by members of Indonesian Army Battalion 745 -- is not among the incidents being prosecuted.

One of the people who will not appear before the court is General Wiranto, who headed the armed forces at the time of the violence in East Timor. His absence is among the biggest complaints for rights activists, since they say he bore ultimate responsibility for what happened in East Timor and elsewhere. Calls to the office of one of Wiranto's lawyers were not answered.

Accused generals true to form

South China Monring Post - March 16, 2002

Vaudine England, Yogyakarta -- Revelations from Australian spy transcripts on the degree to which senior generals directed the violence surrounding East Timor's 1999 independence vote have failed to stir public debate.

The transcripts leaked by Australia's Defence Signals Directorate show that the then-chief security minister, General Feisal Tandjung, enlisted two other retired generals and fellow cabinet members, information minister Mohammad Yunus Yosfiah and transmigration minister A. M. Hendropriyono, to orchestrate the violence.

Within two weeks of then-president Bacharuddin Habibie promising the East Timorese a vote on their future, these men appear to have set up a parallel project to terrify East Timorese into voting against independence. When that failed, they ordered their militias to wreak havoc in the territory and force about 250,000 East Timorese to flee.

"I am not surprised if Feisal was involved. I am not surprised that Hendropriyono was involved," said Afan Gaffar, of the politics faculty of Gajah Mada University in Yogyakarta, Central Java.

He said General Hendropriyono was a slick man with a long background in covert and violent operations. He was allegedly involved in the deaths of about 30 civilians in South Sumatra in 1989. General Yosfiah has long been criticised overseas for his commanding role in the unit that killed five Australian journalists in Balibo, East Timor, in 1975.

The transcripts appear to support the view that then-armed forces chief general Wiranto was not involved in the campaign. As commander in chief, however, Mr Wiranto became a scapegoat and was sacked from president Abdurrahman Wahid's cabinet in February 2000.

The transcripts, reported in the Melbourne Age and the Sydney Morning Herald, suggest more attention should be given to the three generals, none of whom is indicted in the East Timor crimes against humanity trials that began on Thursday.

General Hendropriyono now leads Indonesia's intelligence service at a time when the United States wants to engage its help in its war against terrorism. Another name in the transcripts is that of Major-General Sjafrie Sjamsuddin, the recently appointed spokesman for the Indonesian armed forces (TNI). Both General Hendropriyono and General Sjamsuddin were yesterday expected to meet FBI director Robert Mueller, who is visiting Jakarta to discuss anti-terrorism co-operation.

"Only the decades of impunity enjoyed by the Indonesian security forces make the country's leadership unabashed by the irony that Hendropriyono and Sjamsuddin are now the public faces of a TNI and intelligence service being asked to join the war against terror," wrote Hamish McDonald, who received the transcripts, in the Sydney Morning Herald.

An Indonesian Foreign Ministry spokesman said reports of the leaked transcripts could not be used as a basis for policy.

Day of reckoning for East Timor

The Australian - March 16, 2002

Don Greenlees, Jakarta -- Police chief Timbul Silaen is only hours away from a crowded courtroom in Jakarta, where prosecutors will accuse him of condoning mass murder.

It is a moment that has haunted him since the day Indonesia's attorney-general added his name to a list of 22 people accused of taking party in the destruction of East Timor in 1999.

As he contemplates his imminent reckoning with the law, Brigadier-General Silaen is trying hard to maintain a veneer of good humour over a cup of sweet, black tea in the coffee shop of the Sahid Jaya Hotel. But he is plainly troubled. "I have been waiting too long, I'm tired," he says. "Psychologically, it hasn't been good for me."

It is Tuesday evening. Brigadier-General Silaen is talking a lot, and very quickly. He says his two children, studying in the US, rang him in tears after hearing defendants in the East Timor human rights trials could face the death penalty if convicted. "I told them, 'Your dad is not summoned because of corruption, your dad is summoned because he did his duty'. I told them, 'Your dad is not a war criminal'."

By Thursday morning, Mr Silaen is restlessly prowling the corridor outside the court, trying hard to look confident and relaxed. Inside the courtroom, five judges of a special human rights tribunal have just begun hearing an hour-long indictment against former East Timor governor Abilio Soares.

Mr Soares, a man with a boxer's physique and a tattoo across his knuckles, is accused of ignoring the participation of subordinates in five 1999 massacres in which 117 people were killed.

Brigadier-General Silaen will soon take Mr Soares's chair, placed alone and directly in front of the judges' bench. His alleged crimes are similar, although prosecutors also accuse him of being directly responsible for "crimes against humanity" because he was in charge of security in the territory.

The police chief had his lawyers read out a statement in his defence. They claim the tribunal has no jurisdiction to hear the charges, and say human rights abuses in East Timor were caused by the bias of the UN mission that supervised the 1999 independence referendum. Four hours after the hearing began, the judges adjourned the case for a week.

It was a small, but important, start. About two-and-a-half years after Indonesia lost the referendum and its security forces and militia left a trail of bloodshed and destruction on their way out, Brigadier-General Silaen and Mr Soares this week became the first to face prosecution in Indonesia for the crimes.

For Indonesia, a lot hinges on this legal process, not least the restoration of military ties with the US. But Indonesia's slow and uneven progress to justice over the human rights abuses in East Timor has left many foreign and domestic observers suspicious over whether the true culprits will ever be brought to account.

Members of an expert panel that advised on prosecutions and a National Human Rights Commission team that investigated the crimes in East Timor say the attorney-general's office ignored arguments to put senior generals on trial, including former armed forces commander General Wiranto, because of political expediency. They warn that the courts will only do the bare minimum to satisfy the international community that justice is being served.

Many local activists and officials of the UN and foreign governments regard the first two defendants, Brigadier-General Silaen and Mr Soares, as no more than bit players and possible scapegoats for the real masterminds in savaging East Timor. The UN political affairs chief in East Timor, Colin Stewart, says: "He [Silaen] may have been involved in some things, but he definitely is not a big fish."

Echoing the views of many Western diplomats who were in East Timor for the UN-supervised referendum in 1999, Mr Stewart said he was sorry for the police chief because he was "personally aware of steps Timbul Silaen took to protect people".

In January 2000, a National Human Rights Commission investigation -- the most thorough inquiry into those events -- gave a confidential list of 116 names to the attorney-general, in addition to a high-priority list that named seven generals. The full list, obtained by The Weekend Australian, cites crimes by 31 soldiers and police, including several colonels.

But by the time the attorney-general's office released the names of "suspects" in connection with the atrocities in East Timor on September 1, 2000, the long list of military officers and militiamen had been whittled down to only 19. A few weeks later, officials added another four names.

There were some glaring omissions. Most notable were General Wiranto and the man he appointed to liaise with the UN, Major- General Zacky Anwar Makarim, a former intelligence chief and special forces officer with long experience in East Timor.

At least one member of the Human Rights Commission investigation believes General Wiranto's name was excluded because of a deal between him, then attorney-general Marzuki Darusman and then president Abdurrahman Wahid. According to this theory, General Wiranto's exclusion from prosecution was the price of his agreeing to go quietly from Mr Wahid's cabinet in early 2000. General Wiranto stood down as security minister during the human rights group's investigation of the East Timor massacres.

Retired Lieutenant-General Hasnan Habib, who joined the expert advisory panel on East Timor prosecutions, accuses the attorney- general's office of being "a little timid" in their approach. "I would say they didn't try too hard," he says. "I didn't personally believe Wiranto was guilty of ordering those people to be killed -- there is some evidence he issued orders to prevent things going out of control, but he was responsible for peace before, during and after the referendum. He cannot be free of accountability for that."

The question the critics ask now is whether the human rights tribunal, established under special legislation in 2000, and prosecutors within the attorney-general's office are capable of extending the judicial process to the most senior ranks of the armed forces. So far, the highest-ranked military suspects to be named are one major-general and one brigadier.

A great deal will depend on how successful the prosecutors, in cross-examining suspects and witnesses, are in bringing to light the actions of senior commanders. But there are doubts about whether important witnesses will be available, and if those available will be willing to talk.

UN officials acknowledge that many East Timorese are, not surprisingly, reluctant to go to Indonesia to give evidence, despite President Megawati Sukarnoputri's signature this week on a regulation setting up a witness protection program.

One hope is that at least some of those on the inside will be forced to reveal a few uncomfortable truths under oath. When asked about what he will have to say in court, Brigadier-General Silaen gives an answer that might cause some unease among army veterans of the 1999 operation in East Timor. "If I am asked as a witness about the military, then I will tell what I know."

News & issues

Press freedom groups rap Indonesia for ban on correspondent

Agence France Presse - March 19, 2002

Jakarta -- Two international press freedom groups have strongly criticised the Indonesian government's decision to ban an Australian correspondent from working in the country.

The Committee to Protect Journalists (CPJ), in a letter to President Megawati Sukarnoputri received by AFP Tuesday, described the ban on Lindsay Murdoch as "a clear attempt to punish Murdoch for writing stories that criticise government policies."

Murdoch and his employers, the Sydney Morning Herald and The Age, said Sunday he had been refused a routine extension of his working visa because of his reporting on human rights issues.

Murdoch said he had been told that two articles in particular led to the ban by an interdepartmental committee. One was about how East Timorese children had been taken from refugee camps in Indonesian West Timor and left in orphanages on Java island. Another told how soldiers in a village in Aceh province killed a four-month-old baby in May by pouring boiling water over it.

"To the best of our knowledge, Indonesian authorities have not denied that these incidents occurred," the New York-based CPJ said in its letter to Megawati urging her to reverse the decision. "They should not be expelling a reporter for bringing such abuses to light."

The Paris-based Reporters Without Borders said in a statement the ban was almost certainly a "shocking and authoritarian" attempt to punish Murdoch for the reports. It said it was the first time since the end of the Suharto regime in 1998 that a resident foreign correspondent had been prevented from working.

The Jakarta Foreign Correspondents' Club has called the move "a serious blow to press freedom in Indonesia."

Foreign ministry information official Wahid Supriyadi has said the Australian newspapers were told about three months ago of the decision not to renew Murdoch's journalist visa. They were advised that they should assign a new correspondent.

Both newspapers refused on the grounds that no government should be able to choose which correspondent operates in its country. Supriyadi declined to comment on the reason for the refusal to extend Murdoch's working visa but said he was not banned from living in the country.

Indonesia defends Aussie reporter ban

Associated Press - March 18, 2002

Chris Brummitt, Jakarta -- The government on Monday stood by its decision to ban an Australian journalist whose reports on rights abuses included an article alleging that Indonesian soldiers poured boiling water over a baby.

Lindsay Murdoch, 48, who writes for The Sydney Morning Herald and The Age newspapers, has been unable to report from Indonesia since authorities rejected a routine request to renew his journalist visa, which expired March 10.

Indonesia's Foreign Ministry has refused to disclose the reasons behind the rejection -- the first time a foreign reporter has been barred from working in the country since the fall of longtime dictator Suharto in 1998.

His employers say his reporting is to blame. The Sydney Morning Herald and The Age said in a statement that "the decision had been taken in reaction to the authoritative reporting of Mr. Murdoch on human rights and related issues."

Authorities are believed to have been angered by two of Murdoch's reports. One quoted witnesses saying Indonesian troops poured boiling water over a baby in the violence-wracked province of Aceh. The second focused on refugees from East Timor who had been allegedly kidnapped by a Jakarta-based nationalist organization.

Murdoch, now staying in Indonesia on a business visa, reported from the country for three years and has won two awards for his coverage. In a statement Sunday he said he was "appalled" by the ban which he described as a "serious blow to press freedom in Indonesia." He said that he would leave "politely."

Wahid Supriadi, a foreign ministry spokesman, said Monday the government had no plans to reconsider the ban on Murdoch but no other journalists had cause to worry. "We are still committed to the freedom of the press," he said.

Reporters San Frontiers, an international media watchdog, said it was surprised by the ban and suggested it was "the first evidence" that elements of the military were pressuring the government to crack down on press freedom. "We hope it will be the first and the last case," said Vincent Brossel of the Paris- based group.

In recent weeks, Indonesia's military have complained that journalists, particular foreigners, have been biased in their reporting of the rights trials of officers accused of abuses in East Timor in 1999.

During the 32-year Suharto regime, the Information Ministry shackled both the domestic and foreign press. Journalists were routinely harassed. Since Suharto's fall, the press has flourished into one of the freest in Southeast Asia.

Indonesia bars Australian reporter over rights coverage

Agence France Presse - March 17, 2002

Jakarta -- A leading Australian media group said Sunday its correspondent had been barred from working in Indonesia because of his reporting on human rights issues.

The "Sydney Morning Herald" (SMH) and its affiliated newspaper "The Age" said they were "gravely troubled and deeply regret" the decision to refuse Lindsay Murdoch an extension of his working visa.

"It has been made perfectly clear to us, in our discussions with the government of Indonesia over the past several months, that this decision has been taken in reaction to the authoritative reporting of Mr Murdoch on human rights and related issues in Indonesia," the newspapers said in a statement.

"We believe other media organisations in Indonesia, both foreign and domestic, will take note of this development and its implications for the continued emergence and operation of a free press in Indonesia," the papers said.

It was thought to be the first time since the end of the Suharto era in 1998 that the presence of a specific foreign correspondent "has been challenged in such a manner," they said.

Murdoch, who reports for both papers, told AFP he had applied for the customary 12-month extension when his previous visa expired last December. He was only granted a three-month extension which expired on March 10.

Foreign ministry information official Wahid Supriyadi told AFP that the two Australian newspapers were told of the decision not to renew Murdoch's journalist visa about three months ago. "They have had ample time to prepare another correspondent and we have clearly told them that the company should assign a new correspondent," Supriyadi said.

But both newspapers refused on the grounds that no government should be able to choose which correspondent operates in its country. It was not clear whether the newspapers would send another correspondent or whether one would be accepted by Jakarta.

Supriyadi declined to comment on the reason behind the government's refusal to extend Murdoch's current visa saying that "the decision over whether to issue a particular visa is an inter-ministerial one." "But he has been accorded a business visa with which he can enter the country but not engage in journalism. So there is certainly no question of a ban for him to enter the country," he said.

Murdoch said Supriyadi had told him that two articles in particular led to the ban. He said one series was about how East Timorese children had been taken from refugee camps in Indonesian West Timor and left in orphanages on Java island. The stories focused on failed attempts by the children's parents to be reunited with them.

"Another story cited was how soldiers in a village in Aceh poured boiling water over a four-month-old baby last May. The baby died." Aceh is the scene of a decades-long separatist revolt. Troops have often been accused by rights groups of atrocities.

Murdoch, who has worked in Indonesia for three years and won two awards in Australia, called the decision to refuse him a visa extension "a serious blow to press freedom in Indonesia." Many Southeast Asian countries attempt either to restrict the operations of foreign correspondent or the circulation of foreign magazines. Since 1998 Indonesia had been one of the few exceptions.

Informal sector/urban poor

'Becak' drivers win over Sutiyoso

Jakarta Post - March 22, 2002

Muninggar Sri Saraswati, Jakarta -- The Central Jakarta District Court ruled in favor of dozens of becak (pedicab) drivers and street vendors on Thursday in their suit against the City Administration, Jakarta Police and the Jakarta Military Command for arbitrary evictions.

Moments after presiding judge I Nengah Suriada read the verdict, the courtroom erupted into an effusive scene with hundreds of evicted people rising to their feet, applauding and yelling out "Hidup hakim!", or "Long live the judges."

The court said that Governor Sutiyoso, Jakarta Police Chief Insp. Gen. Makbul Padmanagara, and Jakarta Military Commander Maj. Gen. Bibit Waluyo, had acted unlawfully by evicting pedicab drivers, car washers, vendors, and street singers two years ago.

"The eviction, performed without the presentation of proper documentation, was illegal," declared Suriada, who was flanked by his by colleagues, judge Kornel Sianturi and Iskandar Tjakke. "Stop evicting poor people without the proper legal procedures," he scolded, addressing the defendants.

The court, however, did not order the accused to pay compensation, because the plaintiffs did not request it. "If the plaintiffs wish to be compensated, they can file another lawsuit," Suriada said.

The class action suit was filed in October of last year by eight eviction victims, who acted as ghost lawyers. The legal representatives consisted of 57 people, who claimed to represent 15,000 victims of eviction across the city.

The administration, backed by the police and the military conducted forcible, sometimes violent, mass evictions of the poor in a number of instances last year.

One civilian guard was killed in a riot that broke out in August, when officers conducted a raid against pedicabs in the Roxy and nearby Grogol area in West Jakarta.

"We're happy with the verdict. Compensation is not a big deal for us. The most important thing is that the authority has to end illegal eviction against the poor," said Nasro Haris, a becak driver who acted as a ghost lawyer. The defense attorneys declined to comment.

Thursday's verdict was not the first such victory for plaintiffs in civil litigation against government bodies. In January, the same court found the Central Jakarta municipality and the state- owned railway company PT KAI guilty of evicting slum residents from their homes under a railway bridge in an "unprofessional" way.

That lawsuit was filed by 43 slum residents representing 300 families in Karang Anyar. The panel of judges, presided over by Judge Andi Samsan Nganro, ordered the defendants to pay Rp 30 million in material losses, and Rp 20.5 million for non-material compensation.

Then last October, another civil suit in the same court ruled against state-run oil company Pertamina for arbitrarily raising its prices for liquefied petroleum gas (LPG). The panel of judges, presided by Judge Ali Akmal Haky, found that Pertamina and its government-appointed Board of Commissioners acted unlawfully by increasing the price without announcing the move to consumers first.

Environment

Walhi blames destruction of Medan forests on six firms

Jakarta Post - March 20, 2002

Apriadi Gunawan, Medan -- A leading environmental watchdog based in North Sumatra blamed on Tuesday at least six plantation companies for the destruction of around 300,000 hectares of forest in Mandailing Natal regency.

The Indonesian Forum for the Environment (Walhi) said the six concessionaires were PT Gruti, PT Mujur Timber, PT Keang Nam Development Indonesia (KNDI), PT Inanta Timber, PT Rimba Mujur Mahkota and PT Supraprimoris Corporation.

Announcing the results of its three-day investigation from March 15, Walhi said it had even discovered a heap of 200,000 cubic meters of logs at the damaged forests located in the town's western coastal areas.

The six companies damaged the forests by slashing and burning trees in their allocated areas, which contributed to haze currently blanketing some parts of North Sumatra, it added.

The central government banned forestry firms from using the slash-and-burn method to clear land for plantations following the 1997 smoke from forest fires, which covered Kalimantan and Sumatra, as well neighboring countries.

Walhi said the six plantation firms had for years slashed and burned forests located in four subdistricts -- Batang Natal, Natal, Muara Batang Gadis and Batahan.

"Of the four subdistricts, Batang Natal is the only area where we found at least 23 locations still being burned, while the others have been totally damaged," North Sumatra Walhi Director Efendi Panjaitan told journalists at his office in Medan. As an example, he cited that PT Gruti had felled between 10,000 hectares (ha) and 20,000 ha of protected forest on the slopes of Suritmarapi in Batang Natal.

Separately on Tuesday, head of the North Sumatra forestry office Darori confirmed that widespread illegal logging continued unabated at Mandailing Natal, causing serious damage to the forests there.

He refrained from blaming the damage on the six companies in question, but admitted that local people and plantation businesses were involved in the illegal logging.

Darori said only three plantation companies operating in the province -- PT Keang Nam Development Indonesia, PT Inanta Timber and PT Mitrawana -- still held concessions. "The permits of the others have expired and they are seeking extensions from the forestry minister," he added.

He vowed to take firm action against plantation companies without concessions, should they be found to proceed with illegal logging. To follow up Walhi's findings, Darori suggested the organization hand them over to the local authorities.

Efendi added that logs stolen from Mandailing Natal were sold by businesspeople at domestic markets in Java, such as Surabaya and Semarang. They were also often exported overseas, including to Japan, China and South Korea.

The illegally sold logs were transported from the western coastal areas via at least three river estuaries -- Tabuyung, Batahan and Singkuang, all located in Mandailing Natal, he said. He said the stolen logs usually sold at up to Rp 710,000 per cubic meter on the domestic market or US$200 on the foreign market.

Fishermen complain about trawlers, dynamite fishing

Jakarta Post - March 19, 2002

Rendi A. Witular, Jakarta -- Kepulauan Seribu (Thousand Islands), which became a new regency in November 2001, has been unable to stop illegal trawling and dynamite fishing that is severely damaging its coral reefs.

Regent K. Abdul Kadir reported the difficulty of curbing the practices to House of Representatives Commission III for agriculture and food affairs and to the Ministry of Maritime Affairs and Fisheries last week.

He alleged that naval personnel backed the illegal practices. "Fishermen in the area have always been threatened, at gunpoint, by Navy personnel who warn them not to report the illegal activity. The fishermen have tried to chase away trawlers that they consider responsible for damaging marine life," he said.

"The local police also find it difficult to catch the suspects as they usually throw away any evidence when the police approach their boats."

Trawling and dynamite fishing have damaged 85 percent of the coral reefs in the area. Reports say outside fishermen are responsible for blowing up reefs and killing many fish. They also take away coral to sell at local and foreign markets.

Illegal sand mining is also rampant and has seen the disappearance of some of the 110 islands in the regency.

A local fisherman, Syahrulloh of Harapan island, said dynamite fishing was not the only reason for local fishermen's dismal catches. "Dynamite fishing has a negative impact on our catches, but outsiders in trawlers operating in our sea also exacerbates our problems. Besides, the use of trawls has become more intensive since the [regency] inauguration," he said.

Syahrulloh said the increasing number of tourist resorts on at least nine big islands, which have become favorite weekend getaways for Jakarta residents, have also affected local fishermen. "We are not allowed to fish in the vicinity of the resorts. The resort management say the sea around their islands is for the benefit of the owners, not locals."

Didin Juneidi of the Thousand Islands Tourism and Resort Association addressed his complaint by saying: "We are rarely involved in conflicts with local fishermen in regard to fishing locations. We are just concerned that if they fish around the (resort) island, they could destroy the beauty of the island, including coral reefs." A meeting between fishermen and resort managements is scheduled for this Friday.

The regency administration has limited human resources to handle fishermen's complaints. "Positions in only nine of the 37 divisions in the administration have been filled. Even though there are around 56,000 officials in the Jakarta administration, most of them have turned down positions here," complained Abdul.

The development of resorts has also been slow due to the city administration requesting resort operators on certain island to set aside 40 percent of the island as a conservation area.

The request has been rejected by the association. "It's difficult to develop a tourist spot on these islands as they lack adequate transportation, and any transportation that is available is very expensive, about Rp 200,000 (US$20) per person for one trip," Didin said.

Health & education

175,000 died of TB in Indonesia each year

Jakarta Post - March 22, 2002

Jakarta -- At least 175,000 people die from tuberculosis (TB) in Indonesia each year, primarily due to ignorance and a reluctance to seek medical treatment, an official said on Thursday.

Ministry of Health medical supervisor for lung disease eradication Halim Danusantoso said its data showed that the disease was prevalent in Indonesia with about 500,000 people being infected by the disease annually.

"The mortality rate of the disease is high because people infected with the illness are reluctant to visit public health centers to undergo routine medical treatment," he said at a press conference held in conjunction with the upcoming World TB Day on March 24.

Besides being poor, the sufferers were frequently ashamed if they were found out to have contracted the disease, Halim said. This condition was worsened by the fact that the health facilities capable of giving routine medical services were very limited, he said.

Halim said TB patients could be cured easily within six months, expressing regret that some patients quit taking the medication before their disease was completely cured.

Halim urged anyone who suspected they or members of their family were infected to seek immediate help from the health centers and sign six-month treatment contracts as the government in cooperation with the Coalition of Healthy Indonesia provided free TB drugs.

"The contracts are needed to avoid treatment termination," Halim said, adding that the patients quitting the contracts would be asked to bear the treatment costs.

TB is Indonesia's third-largest killer disease, behind cardiovascular and respiratory diseases, and ahead of infections/parasites and diarrhea. Indonesia had the third largest number of TB cases in the world behind India and China.

The government, therefore, adopted an integrated anti-TB program, called Directly Observed Treatment Short-course (DOTS), following a recommendation from the World Health Organization. The strategy attempts to provide a complete response, including identification of infection and treatment.

However, disease rates were still soaring due to limited publicity surrounding the problem, Communicable Diseases and Environmental Health director general Umar Fahmi Ahmad said. He criticized the 6,830 community health centers nationwide as failing to identify people with TB.

International relations

Defence Department on Indonesia US military ties

Defense News Breifing - March 20, 2002

[Department of Defense News Briefing Torie Clarke, ASD (PA) Wednesday, March 20, 2002 - 12:00 p.m. EST. Also participating was Air Force Brig. Gen. John W. Rosa, Jr., deputy director for current operations, Operations Directorate, the Joint Staff.]

Q: To change the topic slightly, is it in the -- would it be in the interest of the Pentagon or the US military to reestablish military-to-military relations with Indonesia?

Clarke: What's in the interests of the United States and the American people is something we're actively engaged in, and that is working with countries and friends and allies and people around the world in the global war on terrorism. We've made it very clear that an important part of the road ahead is with friends and allies, where we can equip and train and assist them in fighting terrorism in their backyards, we will do that. Full stop.

Very separate and distinct thing with Indonesia. There are real constraints put on us by Congress as to what we can do with Indonesia in any kind of military-to-military relationship. So before there is any consideration given to what you might do with Indonesia, there would be extensive consultation with Congress and there would be action by Congress.

Q: Is there a desire on the part of the administration to change existing barriers so that military-to-military relations could be resumed? This building, and Denny Blair, as I understand it, is a strong advocate of military-to-military relations so that a number of things can happen.

Clarke: The secretary of Defense is a very strong advocate of military-to-military relations, and he stood up here and he has talked about them prior to September 11th and since September 11th, about the value that it can bring ...

Q: No, but I'm talking about Indonesia.

Clarke: I know. I know what you're talking about, but context is important. There are very, very special concerns and considerations with respect to Indonesia. So I'll repeat myself: Nothing would be done, no consideration would be given until and unless there is very close coordination, consultation with Congress, and there would have to be action on their part. But ...

Q: (Off mike.)

Clarke: ... to try to answer your question more directly, do we want to work with every country, with every friend and ally that we can around the world in efforts to fight terrorism? Absolutely.

Q: Do you think that the trail of the terrorists and al Qaeda leads increasingly to Indonesia in the aftermath of US operations in Afghanistan?

Clarke: I'll say something and then General Rosa can clean it up. I get very nervous about talking about individual countries because I get mixed up with what I've seen that is classified, what isn't classified. So I am very careful about not talking about specific countries, unless I know it is something that we have discussed publicly, we have discussed with that country. We have said repeatedly al Qaeda alone is in 50 or 60 different countries around the world to varying degrees.

Q: Are you pressing Congress on ...

Clarke: Let's stop and see if General Rosa ...

Q: Let's let the -- maybe the general can address Indonesia specifically.

Rosa: To my knowledge, we are not working at this time, currently working any kind of plan for military force, or military presence, I should say, in Indonesia.

Q: Does the trail of many al Qaeda terrorists, some, lead to Indonesia in the aftermath of American operations in Afghanistan? Is it a country of concern?

Rosa: I would say it's a country that we've looked at the trails. I don't want to be specific and tell you how or what we found. But as you might expect, that is a vast, vast array of islands. Are there easy places to hide there? You betcha.

Economy & investment

Japanese investors turning away from Indonesia

Jakarta Post - March 22, 2002

Jakarta -- Indonesia continues to fall further behind China and Thailand in the competition for Japanese investment, and it could be overtaken by Vietnam and India if it does not take immediate steps to improve its investment climate, a new survey of Japanese companies found.

Indonesia scored lower than both China and Thailand in domestic infrastructure, legal framework and domestic political and social situation, according to the 2001 survey by the Japan Bank for International Cooperation (JBIC) published this month.

Globally, Indonesia continues to rank fourth in terms of prospects for Japanese business operations within the next three years, scoring with 56 of 401 respondents, or 14 percent. China ranks first with 82 percent, followed by the United States with 32 percent and Thailand with 25 percent.

In the 1997 survey just before the Asian financial crisis hit, Indonesia ranked third, ahead of Thailand, with a 28 percent approval rating from 342 respondents. Indonesia and Thailand switched places in 1998, and Indonesia has been falling further and further behind since.

Visiting JBIC senior economist Shinji Kaburagi, presenting the survey to Indonesian journalists on Wednesday, said many respondents believed that both India and Vietnam, ranked fifth and sixth respectively in the 2001 survey, would pass Indonesia within the next 10 years, with India even edging past the United States into the second spot behind China.

The bottom line is that while the competition among Asian countries for Japanese investment has become extremely intense, Indonesia has done very little to defend its position.

The annual survey covered 792 Japanese manufacturing companies that have three or more foreign affiliates, including at least one manufacturing base as of October 2000. A total of 501 valid responses were returned.

The result was particularly dismaying for Indonesia, prompting the JBIC to send a delegation, led by its deputy director general, Takashi Marugami, to explain the gravity of the situation to the Indonesian government. The delegation was scheduled to meet with Investment Coordinating Board chairman Theo Toemion on Thursday.

Japan has been, and still is, the largest source of private direct investment for Indonesia. JBIC, the Japanese government's agency for the channeling of official aid, said Japan had a large stake in ensuring the continuation of economic development in Indonesia. Indonesia's outstanding loans to the Japanese government amount to over 3.6 trillion yen (US$27 billion), the largest figure among all of the countries receiving aid from Japan.

Kaburagi said both China and Thailand had been aggressively wooing foreign investors, explaining why the two countries had become the primary destinations for Japanese companies in Asia. "The speed of improving the investment climate in Indonesia is so slow. That's my concern. All other countries [in Asia] have changed and improved, except Indonesia," he said.

Nobuo Hazeyama, the chief representative of the JBIC Jakarta office, underlined the fact that the survey was taken in June last year, at the height of the political turmoil before Megawati Soekarnoputri took over the presidency. "It was probably the worst time to conduct the survey for Indonesia," he conceded. "[However] the image that Indonesia is not doing enough remains. You need to show that you are making the effort," he told the Indonesian journalists present.

Japanese investors are particularly keen about the government's plan to introduce a new law on foreign investment, but the legislation has yet to reach the House of Representatives.

Kubaragi said the competition for Japanese investment was so intense that the authorities in both Thailand and China went out of their way to woo Japanese investors, including addressing all of their complaints in a prompt manner.

Hazeyama said that while the big Japanese conglomerates were staying put in Indonesia, some small and medium-size companies had begun relocating elsewhere in Asia.

And while some progress has been made in improving the investment climate, most notably in the power sector, overall it has been too slow, he said. "Japanese companies based here have trouble convincing their headquarters in Japan about Indonesia. They still need to be convinced to stay and expand their operations," he said. The attitude of many Japanese companies today is "to wait and see", he said, adding, however, that "they do not have the luxury to wait for 20 years".

Hazeyama said Indonesia still had many advantages to offer, from the investment law that allows 100 percent foreign ownership, to an abundance of natural resources and a potentially huge market. "Indonesia still has plenty of potential," he said.

Thumbs down on Indonesia

The survey asked respondents for their perception of the investment climate in various Asian countries now as compared to 1996 before the Asian crisis. The findings on Indonesia include:

  • On domestic infrastructure: Of 311 companies, 12.9 percent said they saw improvement, 34.1 percent said things remained the same, 12.5 percent said they had worsened and 40.5 percent said they did not know.
  • On legal framework, which includes transparency and fairness: Of 306 companies, 3.6 percent said it had improved, 41.2 percent said it remained the same, 7.5 percent said it had worsened and 47.7 percent said they did not know.
  • On the domestic political and social situation: Out of 308 respondents, 2.6 percent saw an improvement, 10.7 percent said there was no change and 55.2 percent said things had worsened. The remaining 31.5 percent said they did not know.

Debts may force Jakarta TV off the air

Straits Times - March 18, 2002

Devi Asmarani, Jakarta -- Indonesia's longest-running television station, the state-owned Televisi Republik Indonesia (TVRI), may go off air if it fails to pay the millions of dollars it owes to a satellite operator.

Despite having gone commercial recently, the most widely accessible TV station in the country, with 400 relay stations, continues to encounter financial difficulties.

Private satellite operator Satelindo is demanding that TVRI now repay its 22.5-billion- rupiah (S$4-million) debt, which matured last year. Failing that, it has threatened to shut off the transponder used to broadcast TVRI programmes.

Speaking of the impending crisis, TVRI president Sumita Tobing said: "Our debts to Satelindo are due on March 17. After that, we don't know what will happen because we cannot afford to repay them."

The TV station also owed 200 billion rupiah to several foreign news agencies, she said. Pleading helplessness, she told the Koran Tempo daily: "How can we pay the debts if our deficits have exceeded 90 per cent of our budget?"

The station, which receives a meagre state subsidy of 150 billion rupiah a year, chalks up operational costs of 800 billion rupiah annually. It is supposed to receive 12.5 per cent of gross revenue from the country's private television stations. But some stations have not been able to pay their dues since the economic crisis.

Ms Sumita, who took over TVRI in June 2000 after years of experience in private TV stations, said the swelling debts were due in part to decades of poor and non-transparent management. She has blamed corruption and "civil servant mentality" as the root of TVRI's decline on several occasions.

She helped to resuscitate the station by introducing new programmes which enabled it to compete with the growing number of private stations. One of the programmes, Dansa Yo Dansa, has revived the popularity of ballroom and Latin dances nationwide and inspired other private stations to run similar shows.

She has also pushed for the privatisation of TVRI which is now awaiting government approval. It was under her stewardship late last year that the station, which had relied entirely on government subsidies since the mid-80s, began to accept advertisements to boost earnings.

Ms Sumita's efforts to modernise TVRI, established in 1962, include an attempt to get accounts audited by an independent firm but have met stiff resistance from company executives. They accuse her of practising a "one-woman-show management".

Several TVRI directors have been calling for her removal from the station. Ms Sumita's only response is: "I don't have time to deal with these kind of things."


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