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Indonesia News Digest 31 - August 8-15, 2005

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 News & issues

High oil prices threaten state budget

Jakarta Post - August 8, 2005

Urip Hudiono, Jakarta -- Continuing high global oil prices have put Indonesia's fiscal stability teetering on a tightrope as the oil-producing country fails to benefit from the situation. Instead, the country faces swelling oil import costs due to rising domestic fuel consumption.

In its first semester progress report on this year's budget to the House of Representatives, the government reported that revenues from oil exports during the year's first six months only reached Rp 18.5 trillion (US$1.9 billion), or less than a quarter of its Rp 85.6 trillion target.

Similarly, export proceeds from the country's natural gas production have barely reached 29 percent of the expected amount, or only some Rp 8.8 trillion.

On the other hand, fuel subsidy spending stands so far at Rp 40 trillion, or already more than half of the Rp 76.5 trillion allocated for this purpose.

"Fuel subsidy spending has probably increased again by now, reaching some Rp 50 trillion as I'm speaking," Minister of Finance Jusuf Anwar said during the hearing last week, adding that the figure could well reach some Rp 112 trillion by the end of the year.

He explained that the difficult situation was caused by the fact that Indonesia had still not boosted its flagging oil production, while domestic fuel consumption kept rising as a result of higher economic growth, which is expected to reach 6 percent this year.

With Indonesia's existing oil wells experiencing a natural decline of up to 15 percent a year, the country's oil production during the first half of the year only reached 1.090 million barrels per day (mbpd), below the full-year target of 1.125 mbpd.

Domestic fuel consumption, meanwhile, is estimated to have already exceeded the 59.6 million kiloliters quota by some 10 percent, Jusuf said, further confirming Indonesia's status as a net oil importer.

With the government seemingly determined to keep subsidizing domestic fuel through the state budget, and global oil prices hitting $62 a barrel last week, the cost of subsidy spending could well jeopardize the budget's deficit financing.

"The source of all our fiscal troubles is this factor of soaring oil prices," Jusuf said.

Consequently, the government will continue its efforts to increase the country's oil production by replenishing old wells and encouraging the exploration of marginal oil fields.

On the demand side, the government will continue its energy conservation campaign, and review its fuel subsidy policy.

The report, however, stresses that the fiscal imbalance could drag on until for the rest of the year as the government estimates that the country's oil production will only reach 1.075 mbpd by then, still below the 1.125 mbpd target.

As a result, state non-tax revenues -- which include oil and gas exports -- will only reach Rp 120 trillion, or only 76.5 percent of the target, bringing the budget's total revenue to Rp 516 trillion.

State expenditures, meanwhile, are expected to reach some Rp 542.2 trillion by the end of the year, resulting in a deficit of Rp 26.18 trillion, or some 1 percent of this year's expected Rp 2,636 trillion gross domestic product (GDP).

Police reshuffle brings hope for money laundering probe

Jakarta Post - August 8, 2005

Eva C. Komandjaja, Jakarta -- Anticorruption bodies, criminal experts and the public have put high hopes on the new head of internal affairs at the National Police Headquarters that he will quickly resolve allegations of money laundering involving 15 police officers.

Chairman of Indonesian Police Watch (IPW) Neta S. Pane was now more optimistic that the police could resolve the high profile case as Insp. Gen. Yusuf Manggabarani, the newly appointed head of the internal affairs division, has a clean track record and a good reputation.

With such a reputation, Yusuf, who was previously head of the police telecommunications division before taking the new post, should be bold in pursuing the case, which also involved certain top ranking officers.

"Previously, we were skeptical about the police's commitment to resolve this case, but now that Pak Yusuf has taken over the position we have some hope," Neta told The Jakarta Post on Saturday.

Neta added that the money laundering case was a test of National Police Chief Gen. Sutanto's commitment in curbing rampant corruption.

The Financial Transactions and Report Analysis Center (PPATK) last week submitted to the National Police a report on money laundering allegedly committed by 15 serving police officers, including some police generals. The PPATK said that suspicious transactions had occurred in the bank accounts of the officers and that the amount of money involved was "huge", much higher than the salaries of even police generals.

Neither the police nor the PPATK, Indonesia's anti-money laundering watchdog, have disclosed the names of the officers.

After receiving the report, Sutanto immediately ordered the internal affairs division to investigate the accounts, although this decision disappointed many observers who said that the police should have handed over the matter to the prestigious Corruption Eradication Commission (KPK), which has won praise for its handling of several high-profile graft cases.

Resolving the money laundering case was crucial to show the international community that Indonesia was serious in supporting the global fight against money laundering.

Although the country has been removed from the list of non- cooperative countries and territories in the fight against money laundering since February this year, this status is still subject to periodic review by the Financial Action Task Force, an anti- money laundering watchdog of developed nations.

Critics have expressed concerns over the poor enforcement of anti-money laundering laws, as evidenced by the fact that until now no money laundering cases reported by PPATK have ever been brought to court, despite Indonesia being regarded as one of the most corrupt countries in the world.

Corruption and a lack of cooperation, either within law enforcement agencies such as the police and Attorney General's Office or within financial services companies themselves, are responsible for the miserably poor enforcement of the anti-money laundering law.

Elsewhere, Neta said that to regain public confidence, the police must be able to show significant and fast progress in investigating the money laundering case involving the 15 police officers.

"The police should have been able to decide whether these officers were involved in money laundering, corruption, or not.

"If no steps are taken by the police within 30 days, then other anticorruption bodies such as the KPK should take over the case," Neta explained.

Deputy head of Indonesian Corruption Watch (ICW) Lucky Djani also made similar comments.

"The officers should have found evidence from the preliminary investigation whether the suspicious transactions found in the 15 accounts came from money laundering, bribery or legitimate income. If they can't do that then they'd better hand it over to KPK," Lucky told The Post.

"KPK and PPATK here hold important positions in helping the government to curb corruption in the country.

"I believe that the 15 suspicious account are just the tip of the iceberg and that PPATK should also check other bank accounts owned by government officials as well as military officers, and these should be investigated by the KPK if President Susilo (Bambang Yudhoyono) is serious about his antigraft campaign," Lucky said.

HTI against 'conspiracy of colonizers in Aceh and Papua'

Antara - August 14, 2005

Jakarta -- The Hizbut Tahir Indonesia (HTI) activists staged a peaceful rally with about 5,000 Indonesian Muslims against what they called "the conspiracy of colonizers in Aceh and Papua" here Sunday.

The rally was held at the Hotel Indonesia Circle, Central Jakarta, for four hours, starting from 8 a.m local time, the HTI Coordinator Irwan Saifullah said.

He said the main objective of the rally was to alert the entire nation of the evil will of countries with colonial mentality such as the United States, the United Kingdom, and the European Union, in the two Indonesian provinces.

According to Saifullah, the cessation of Nangroe Aceh Darussalam (Aceh) and West Papua provinces was part of those countries' agenda. To weaken Indonesia, the countries used such ideological tools as secularism, liberalism, and pluralism, he added.

Regarding efforts to end a prolonged armed conflict in Aceh, the Indonesian government and Free Aceh Movement (GAM) will have signed a permanent peace agreement on August 15 in the Finland capital of Helsinki.

Coordinating Minister for Political, Legal and Security Affairs Widodo AS was reported to lead the Indonesian delegation to the signing of a peace accord.

In the meantime, a dozen of American Congressmen have pushed their government to look into the legitimacy of the UN-plebiscite which concluded the will of Papuans to join the Unitary State of Indonesia had officially been held in 1960s.

The US Congress on June 9, 2005 approved a bill on Papua which if passed into law could increase international pressure on the Indonesian government to allow the people of Papua to vote whether to remain part of Indonesia or become an independent nation.

The bill asks the US secretary of state to file a report analyzing the 1969 Act of Free Choice within 180 days after the enactment of the bill.

Indonesia to shorten cleric's sentence

Associated Press - August 13, 2005

Michael Casey, Jakarta -- A militant cleric jailed for his role in the 2002 Bali bombings will be among 53,000 inmates receiving sentence reductions to mark Indonesia's independence day, authorities and media reports said Saturday.

Abu Bakar Bashir, alleged spiritual head of the al-Qaida-linked terror group Jemaah Islamiyah, was convicted in March of conspiracy in the Bali bombings that killed 202 people, many of them Australian tourists.

Others convicted in the Bali blasts will also receive reductions in their prison terms, Minister of Justice and Human Rights Hamid Awaluddin told the Jakarta Post.

"Convicts with a record of good behavior can get up to 10-months remission," said Mayun Mataram of the Ministry of Justice and Human Rights in Bali. Nineteen of the 24 Bali bombers jailed on the tourist island will get sentence reductions, said Mataram.

The youngest son of former dictator Suharto, Hutomo "Tommy" Mandala Putra, is also expected to have his sentence for assassinating a judge reduced when Indonesia celebrates its 60th birthday on Wednesday, Hamid said. The 43-year-old former playboy earlier this year had his 15-year sentence reduced by five years on appeal.

It is an Indonesian tradition to cut jail terms on holidays for some of the country's 105,000 inmates who exhibit good behavior, with only those sentenced to death or life in prison excluded.

Authorities are expected to announce the length of the reductions Wednesday, but on average terms are cut by a few months.

Attorney Wirawan Adnan, who represented many of the Bali bombers including Bashir, said his clients deserve a break just like any other well-behaved inmate.

"This happens all over the world if you have been a good boy and don't cause trouble," Adnan said. "We're talking about human rights, and everyone should be treated the same whether you are a murderer (or) rapist." But Peter Hughes, a survivor who suffered serious burns in the Bali attacks, said the bombers should serve out their entire sentences.

"We don't like it but there is not much we can do about," said Hughes of Perth, Australia. "This is not justice. These guys are criminals and murders should be given heavy penalties without a reprieve." Bashir was sentenced in March to 30 months in jail for conspiracy in the Bali bombings that killed 202 people, many of them Australian tourists.

Jemaah Islamiyah is suspected in several other deadly attacks, including the 2003 J.W. Marriott hotel bombing that killed 12 people, and the September 2004 Australian Embassy bombing that killed 11.

Minister opposes condom use to fight HIV

Jakarta Post - August 13, 2005

Jakarta -- Not everybody is impressed by the nationwide campaign for the use of condoms to fight the spread of HIV/AIDS. Among those who are apparently opposed to the campaign is State Minister for Youth and Sports Affairs Adhyaksa Dault.

"I don't agree that we should promote condom use as a way of preventing HIV/AIDS. That's not the way. It's more about how to steer our young people away from promiscuity," Adhyaksa said after opening an event to mark National Youth Day at his office on Friday.

He said that his opposition to the condom campaign was personal in nature, and he accepted that it had been internationally approved as a HIV/AIDS harm reduction measure.

"If that has been accepted as the international standard, so be it. But we have our own ways, including upholding our religious principles and our nationalist principles," he said as quoted by Antara.

Adhyaksa hails from the Muslim-based Prosperous Justice Party, which touts Islamic morality as one of its main platforms. The party has persistently campaigned against corruption and what it considers to be indecency, which it says could lead to Indonesia becoming a "failed nation".

The government has incorporated the use of condoms into its national movement against HIV/AIDS, besides the provision of sterile needles -- something that has also sparked controversy. Both unsafe sex and needle-sharing play a major role in spreading HIV infection worldwide.

As of June this year, the government had definitively recorded 7,098 people living with HIV/AIDS, 40 percent of them aged between 10 and 24 years old. However, the government also estimates that up to 150,000 people could be living with HIV/AIDS, while some activists say the figure could reach one million.

The World Health Organization said in its latest report that between 20 and 30 percent of young people engage pre-marital sex globally.

Adhyaksa said he could not prevent anyone, including non- governmental organizations, from campaigning for the use of condoms to prevent the spread of HIV.

"Moral decadence is spreading. Therefore, we should not encourage them to use condoms. Anyway, not all condoms are leakproof," Adhyaksa said.

 Aceh

Oppressors still in place - A deal disarms one side in Aceh

Blogspot.com - August 15, 2005

Allan Nairn -- Today (August 15, 2005) the Aceh Freedom Movement (GAM, Gerakan Aceh Merdeka) will sign a deal with the government of Indonesia under which they agree to disarm and accept amnesty, money and farmland. They will be allowed to form a local political party in exchange for a political vow of silence: under Indonesian law the party will not be allowed to stand for what GAM has always stood for -- independence for Aceh, or at least a referendum vote on independence. The TNI-POLRI (the Indonesian national armed forces and police), which has slaughtered many thousands of Acehnese civilians (GAM has also killed some, but a fraction as many), will temporarily withdraw some of its troops, but will have the long term right to bring them back at its pleasure since Jakarta remains Aceh's sovereign.

Even now in the upcoming transition months, when a couple of hundred foreign monitors will be present, troops from some of the most notorious military and police units can remain in Aceh: Intel operatives who run the torture houses, Air Force men who have bombed villages, and Brimob police who abduct and rape at checkpoints can stay so long as they are technically classified as "organic" elements. And outside and above the formal terms of the deal -- activists and military people agree -- the US-trained Kopassus special forces, the most feared of all, can also stay in Aceh, working undercover and applying the "tactic and technique" of "terror" and "kidnapping," as one of their classified training manuals puts it (Buku Petunjuk tentang Sandi Yudha TNI AD, Nomor: 43-B-01).

This deal has been portrayed as a TNI withdrawal and an Aceh peace deal. It is neither -- the TNI/Polri stay, and they get to keep their weapons and use them at will -- and it is they who have been the main peace violators, doing the vast majority of civilian killings, tortures, arsons, rapes, disappearances, thefts, extortions, and arbitrary detentions.

But the deal does change the situation in a major way in that it puts armed GAM out of business, and helpfully clarifies the situation: it is now undeniably TNI/Polri versus civilians. That has always been the essence of political life in modern Aceh but the world has never seen it because the GAM was futilely shooting at the oppressors and drawing away all outside attention (such as it was) from the TNI/Polri's killings of civilians.

GAM deserves credit for disarming. They should have done it a long time ago. They were only making matters worse, and now that they're gone, there are possibilities. But their act of self- abnegation should not be misconstrued as a settlement to the Aceh problem, and their de facto vow of silence should not be construed as applying to Acehnese as a whole.

In November, 1999 the Acehnese mounted what was, in proportional terms, one of the largest demonstrations in world history. Perhaps a quarter of the population turned out in Banda Aceh to peacefully call for referendum.

Caught completely off guard, the TNI/Polri moved to crush the civilian movement, knowing that though they could not lose militarily in a shooting war with the GAM, they could well lose politically if the world got to hear peaceful Aceh voices.

That didn't happen. Jafar Siddiq Hamzah, the leading international voice, who had testified before the US congress, was tortured to death upon returning home (his body was found in September, 2000) (see posting of October.. 2004). Others were assassinated, jailed or driven into exile, and the first the world heard of Aceh was when the tsunami struck in December, 2004.

In legal and military terms the Acehnese are still as subordinated as they were before. Though the deal contains two references to the UN covenants on civil and political rights and establishes local institutions like a human rights court (with no specified powers), the same repressive laws that bind all Indonesians still apply to them, and, far more importantly, the TNI/Polri -- effectively above the law anyway -- still occupy their region.

But in cold pragmatic terms, with the GAM now out of the way there is the chance that dissident speech, though still repressed, might now become politically fruitful. Muhammad Nazar, the best known civilian activist -- who was seen as too big to kill -- was jailed for giving a speech in a village in which he advocated referendum. Word is that he will be released, but if he gives the same speech again he can be jailed -- or worse -- again, but now, post-GAM, there will be a chance for such a sacrifice to draw some meaningful outside attention.

It was such attention that made it possible for East Timor to win independence in different circumstances, but for Aceh that is more difficult since it is historically part of Indonesia, and indeed predates it, while Timor was a foreign land that was invaded by Indonesia, with US backing, in 1975. The loss of a third of their population to TNI/Polri slaughter gained nothing for the Timorese until the Dili massacre of 1991 drew some outside attention and the acknowledgment that this was an unjustified case of a military killing civilians.

Aceh is also such a case, and the Acehnese have also been dying in vain. If they continue to speak for referendum they will likely continue to die, but they may now get something for it, since the fog of two-sided combat will presumably no longer obscure the one-sided repression by TNI/POLRI.

What they might get is publicity that weakens the TNI/Polri, and the repressive Indonesian state apparatus generally, and such weakening is the only hope for any substantial democracy, freedom, or justice in Aceh, and in Indonesia as a whole. But those harmful institutions will only be weakened on balance if the US, Europe, Australia and other outside powers can be stopped from using this deal as yet another excuse to try to push through a restoration and/or increase of foreign military and police aid.

It was after all the cutting of that aid, in response to grassroots pressure, that cleared the way for the ending of the Timor occupation and, prior to that, the downfall of the US- backed dictator, Gen. Suharto.

So whether this deal helps or hurts will in important part depend on the behavior of outside parties, and it is just such risks and complexities that have made some TNI/Polri generals reluctant to accept it. Much press coverage and grassroots speculation in Aceh has centered on whether TNI/Polri and, for that matter, the GAM field fighters, will follow the deal. For many GAM people it is a bitter pill. It is they, and not the big-time killers who will have to lay down their arms, renounce their goal, and prostrate themselves before the enemy state. But at the same time they will get amnesty and will be ostensibly free to return to their homes. For the TNI/Polri it looks like victory: they get the guns and the right to rule, while Aceh gets a local flag. But this sparring with GAM has been very good to the Jakarta generals. It has helped to justify their dominance of Indonesia and it has made many of them millionaires. It is easy to see why many of them will be sorry to see the armed GAM go.

But Indonesia's President, Gen. Susilo Bambang Yudhoyono -- who supervised the Aceh repression and martial law under the previous President, Megawati Sukarnoputri -- takes a more strategic view. He seems to recognize that though TNI needs a two-sided shooting war for self-justification to Indonesians, it doesn't necessarily need two or three of them (The military recently sent 15,000 new Kostrad troops and Kopassus into harshly-repressed Papua in Indonesia's east, which has a lightly-armed rebel movement, and continues to stage violent Christian vs. Muslim provocations in the country's north -- central islands), and that the loss of surplus money to be stolen from from a combat-zone Aceh can be more than compensated for by the money to be stolen from increased tsunami aid flows, and the power to be regained by the TNI/Polri as a whole from new foreign military and police aid. (The military and police can also expect to continue running their rackets in Aceh and nearby North Sumatra, which have included illegal timber, marijuana, prostitution, hijacking, extortion, protection and offshore fishing platforms staffed by press-ganged under-aged boys). It was Gen. Susilo who said that "to demand a referendum" in Aceh "is considered a crime against the state" (Jakarta Post, December 24, 2003), and that principle will still be imposed by force, but he evidently hopes that this deal will now enable Jakarta to be seen from overseas as having somehow changed its stripes.

If Gen. Susilo proves to be right, and the deal brings fresh resources and strength for TNI/Polri, then his generals' grumbling will have been groundless, and it will be a catastrophe for Indonesia and Aceh. But the officers do have at least one secondary reason for concern: An adviser to Indonesia's businessman vice president, Yusuf Kalla, a principal broker of the Aceh deal, says privately that Kalla will also now become the personal financial broker for newly opened-up international arms deals (the adviser says post-Aceh-deal deals are in sight with Europe, China, and Israel, among others), a lucrative role traditionally played by retired TNI and POLRI generals.

As this is being written -- a couple of hours before the deal signing in Helsinki, Finland -- people are gathering in Aceh's mosques and churches and praying publicly for peace, and perhaps privately for freedom and justice. This deal will deliver none of those things. They are still condemned to live under their oppressors. But it does scramble the situation and open up the outside chance that if they are still brave enough to speak, this time when they are shot down or put in chains, someone on the outside might hear the rattle.

GAM protests continued presence of TNI armed militia

Aceh Kita - August 15, 2005

AK-17, Banda Aceh - A day before the signing of the peace agreement, the Free Aceh Movement (GAM) has protested the continued presence of TNI (armed forces) controlled militia in Aceh. This was conveyed by GAM's spokesperson Bachtiar Abdullah in a press release received by Aceh Kita on Sunday August 14.

According to Abdullah, based on leaked TNI intelligence documents, at present there are nine militia organisations in Aceh. One of these is the GAM Separatist Opposition Front which has 10 branches in Aceh. According to Abdullah, the leaked documents show that the militia organisations have an explicit relationship with the TNI's district military commands (Kodims) in Aceh such as Kodim 0101/Greater Aceh, 0102/Pidie, 0103/North Aceh, 0104/East Aceh and in Langkat which is located on the Aceh-North Sumatra boarder. "There around 10,000 militia which have a relationship with the TNI in Aceh at the moment", said Abdullah.

According to Abdullah, based on the draft agreement, the Indonesian government will be responsible for dealing with guns which are held by illegal groups. This means that the Indonesian police are responsible for the disarmament of the militia. But said Abdullah, GAM doubts that the police can do this. "It is difficult to believe that the police will remove the weapons from the militia which were given to them by the TNI", said Abdullah. The police in Aceh he said, still work under the control of the military.

Abdullah said that based on reports from Aceh, militia members have already declared that they are going to kill GAM members after they have surrendered their weapons. "At this time, there is still no mechanism to stop this brutality", he said. "This is part of the TNI's plan to disrupt and destroy the peace process".

He added that if GAM tries to defend itself against the militia who have been armed by the TNI, this could become an excuse for the TNI to relaunch military operations and restrict the peace process as a whole. "The TNI has habitually done this in East Timor, Papua, Maluku and Central Sulawesi", he said.

Acehnese police chief Inspector General Bachrumsyah Kasman meanwhile, says that police will remove all illegal weapons from armed civilians. "After the MoU [Memorandum of Understanding] peace agreement between the Indonesian government and GAM is signed on August 15 2005, there will be no longer be a term referring to GAM as armed civilians. But they oppose these weapons being called criminal", he told journalists in Banda Aceh on Sunday August 14.

Earlier, Kasman also promised to take action against members of anti-separatist fronts who are found to be carrying or possessing illegal weapons. [dzie]

[Translated by James Balowski.]

Peace in view as Indonesia, GAM sign historic accord

Agence France Presse - August 15, 2005

Helsinki -- The Indonesian government and Muslim Aceh rebels signed a historic peace accord aimed at ending decades of bloodshed in a region devastated by last year's tsunami.

All hostilities were to end with the signing of the agreement, under which the separatists dropped their long-held demands for independence and agreed to disarm and demobilise their soldiers.

Indonesia in turn promised an amnesty, to allow the creation of political parties in the province and to withdraw non-local security forces by the end of the year.

The deal was signed in the Finnish capital Helsinki where the painstaking negotiations took place to end three decades of conflict that has left almost 15,000 people dead, most of them civilians.

Military and civilian officials from the European Union and the Association of Southeast Asian Nations are to monitor implementation of the deal.

"This is the beginning of a new era," chief mediator Martthi Ahtisaari said at the ceremony.

Indonesian Justice and Human Rights Minister Hamid Awaluddin signed the agreement with Malik Mahmud, the self-styled prime minister of the exiled GAM leadership in Sweden.

"We've come to this day after years of military violence against the people of Aceh. This is the beginning of the process of justice for the Aceh people," Mahmud said Monday.

Both sides had been cautiously optimistic the agreement would open the way for lasting peace, a hope lent renewed urgency after the December 26 tsunami which hit Aceh especially hard, killing at least 131,000 people.

Key points of the accord are:

  • All hostilities cease with the signing of the agreement.
  • The Indonesian government withdraws non-local military and police forces from Aceh by the end of 2005.
  • In parallel, GAM decommissions all arms and demobilises its 3,000 troops.
  • The Indonesian government facilitates the establishment of Aceh-based political parties within a year.
  • Aech to be governed under a new law, to be introduced by March 31, 2006.
  • The region will be entitled to 70 percent of revenue from its natural resources.
  • An amnesty will be granted to GAM members and political prisoners within two weeks of the signing.
  • A human rights court and a truth and reconciliation commission will be established in Aceh.
  • An Aceh Monitoring Mission will be established by the European Union and five ASEAN countries.

While foreign affairs, defence as well as monetary and fiscal matters will still be run from Jakarta, Aceh will be allowed to raise taxes for its internal needs and set its own official interest rates.

"It's a leap of faith," Ahtisaari, a former Finnish prime minister, told AFP just before the signing ceremony. "The agreement is under 10 pages long and we could have signed 100 pages but what counts is not words but deeds."

The uprising to create an independent Islamic state was launched in 1976 in Aceh, a staunchly Muslim province on the westernmost tip of Indonesia's Sumatra island, as rebels accused the government of exploiting Aceh's resources.

The government declared Aceh a military operation zone in 1988, and Indonesian troops have since been accused by human rights groups of widespread violations and abuse.

Operations were stepped up in May 2003 after the collapse of a brief truce prompted the government to impose martial law, with Jakarta relying on both its own troops and local proxy militias.

In a sign of the lingering tensions, GAM Sunday accused Indonesia of not keeping some of its pledges, notably to release five negotiatiors in time for the signing.

Ahtisaari said it was always going to be difficult to establish trust. "You can't build confidence and trust after so many years. My only hope is that the parties can start tolerating each other," he said.

Aceh rebels vow to respect peace accord

Agence France Presse - August 15, 2005

Banda Aceh -- Separatist guerrillas in Indonesia's restive province of Aceh will respect a peace pact to be signed with the government, one of their top spokesmen said.

The pact aims at ending nearly three decades of violent conflict in Aceh between the Free Aceh Movement (GAM) and government forces, which has already claimed almost 15,000 lives. Two previous truces since 2000 have failed.

The rebels "agree with all points in the peace pact. We will obey and respect the decisions of our leaders who negotiated them in Helsinki," spokesman Sofyan Daud told AFP.

Daud, who also heads the North Aceh rebel command, was speaking by telephone from Pidie district, one of the main guerrilla strongholds in this resource-rich province at the northern tip of Sumatra island.

Staunchly Muslim Aceh has been rocked by bloodshed since 1976 when rebels launched an uprising aimed at creating an independent Islamic state. Almost 15,000 people have since been killed, most of them civilians.

Last December's catastrophic tsunami, which hit Aceh especially hard, killing at least 131,000 people, acted as a catalyst for new peace negotiations.

With the help of Finnish negotiators, the two sides in July agreed to the outline of the deal, which was to be signed in Helsinki at 0830 GMT.

GAM dropped its demand for independence and said it would disarm, while the government pledged to withdraw troops from the province once the rebels hand in their weapons, and allow the creation of local political parties.

Daud said he had spoken with the movement's exiled self-styled leaders in Sweden, including prime minister Malik Mahmud, foreign minister Zaini Abdullah and chief rebel spokesman Bakhtiar Abdullah.

"I told them that there are no changes and that the TNI (Indonesian armed forces) are still in position at their outposts in villages."

His leaders urged the guerrillas to respect the agreement, he said, asking them to "remain patient and not to engage in offensives against the TNI. They also asked us not to engage in actions that could jeopardise the agreement. "We will obey those instructions," he said.

All 17 GAM regional rebel commanders have been told about the deal, he said, adding that the rebels were prepared to surrender their weapons to 200 foreign peace monitors who will oversee the implementation of the pact.

"But so far, the locations for surrendering weapons has not been decided. On the matter of how many weapons and personnel we have, that is still a secret," Daud said, adding that the monitors could release this information later.

He said he was hopeful that the Indonesian military would also abide by the agreement and urged the peace monitors to fan out widely into rural areas.

"They should set up as many outposts as possible in rural areas so that anyone can report any violations of the pact to them and they can take rapid actions," he said.

"This would prevent mutual pointing of fingers between GAM and the government." If both sides stick to the pact, Daud said he was "convinced that this problem can be settled this time. The most important (thing) is not the signing of the peace pact but its implementation on the field."

GAM accuses Indonesia of failing to act against militias

Agence France Presse - August 14, 2005

Stockholm -- Rebel leaders from Aceh accused the Indonesian government of failing to disarm militias in the province, a day before both sides are to sign a landmark peace deal in Helsinki.

In a statement released from his Swedish exile, Bakhtiar Abdullah, spokesman for the GAM rebel movement, said 10,000 proxy militias belonging to the Indonesian Armed Forces (TNI) were active in Aceh and had threatened to kill rebels after they disarmed following the peace deal.

Abdullah said TNI was planning to "destabilize and derail" the peace process and the Indonesian government could not be relied on to disarm the militias since it denied their existence. Neither could the local police, he added. "They are unlikely to act against their own partners in repression," he said.

The accusations came just before Indonesia and GAM were due to sign a historic peace deal in Helsinki on Monday which has raised hopes for a final end to decades of bloodshed in the tsunami- shattered province.

Nervous eyes on army as Aceh prays for peace

Sydney Morning Herald - August 15, 2005

Mark Forbes, Jakarta -- The gunfire that marked 30 years of bitter secessionist fighting in Aceh has given way to another sound -- the beating of 114 traditional rapai drums during a ceremony abandoned during the years of fighting.

Despair in the Indonesian province, where about 200,000 people died in the Boxing Day tsunami, has been replaced by a cautious hope that peace will follow the signing of a treaty in Helsinki today.

Thousands of people began a two-day prayer for peace ceremony yesterday in Banda Aceh's Grand Mosque, one of the few buildings to survive the tsunami's 20-metre-high wall of water and where they will witness a live telecast of the signing in the Finnish capital between members of the Free Aceh Movement (GAM) and Indonesian officials.

Nine militia groups have operated in Aceh alongside 40,000 Indonesian Army troops, who make an estimated $A400 million a year from extortion and who control exports of marijuana, coffee and illegal timber. GAM and international observers fear a descent into East Timor-style bloodshed could be provoked by those with much to lose.

Two peace deals between previous governments and the Aceh rebels collapsed amidst distrust and violence, but President Susilo Bambang Yudhoyono has staked much political capital on achieving peace, and GAM has dropped its demand for full independence.

Indonesia's staunchly nationalistic parliament vowed to block the deal, which grants amnesty to 2000 GAM prisoners, requires the rebels to disarm, withdraws thousands of soldiers and police, gives autonomy for the province and allows local political parties. However, last week 30 key political leaders met in Dr Yudhoyono's oval office and supported it.

The elated President rose from his seat, clutching the document, and began singing a song of gratitude: "From my strong belief, my genuine work, for the principles of harmony which give guidance to the nation, I express my gratitude for your present, God." One by one, all the leaders rose and joined in.

Dr Yudhoyono's spokesman, Dino Jalal, says the President believes the conflict in the resource-rich province is holding back Indonesia.

"The tsunami was really a tremendous stimulus to the process," Mr Jalal said. Dr Yudhoyono visited the area three days after it struck and called on GAM to stop fighting. Conflict continued, with one army commander boasting that more than 200 GAM members had been killed in the following weeks.

International pressure and a desperation to continue the $5 billion tsunami reconstruction program -- stalled by the conflict -- have helped drive the Helsinki peace talks. "We are counting on the fact the political and psychological atmosphere is different than before," Mr Jalal said.

One senior official said the sensitive question of the army's lucrative stake in Aceh was raised in a cabinet meeting last week. In a frank response, the army commander, General Endrianto Sutarto, said "preventing future bloodshed and preventing the death of my men is a consideration that overrides all others", the official reported.

An Australian academic political adviser to GAM, Damien Kingsbury, helped draft the treaty. He described it as a problematic compromise, but said: "If this doesn't work, I can't see what will."

Dr Kingsbury said murders and harassment by the army near GAM strongholds halted a week ago. "It boils down to the Government's ability to rein in the military, who have been trying to spoil the process since the start... It's naive not to see what happened in East Timor and think it can't happen again."

It will be left to European Union teams to monitor the parallel withdrawal and disarmament -- staggered by region over four months.

Tengku Muharam, the Free Aceh Movement's commander in the Banda Aceh area, said his troops want peace and will abide by the deal. The tsunami had changed things: "Most of the men are living in the mountains. Our families are gone," he said.

"In my family, I'm the only one who's left. My wife is dead, my parents too." Adam, a Banda Aceh used car salesman, said the atmosphere on the streets yesterday was "fantastic". Business is improving and the military have stopped extorting bribes from cars on the highway.He is confident this peace will hold.

Aceh focuses hope on Helsinki accord

South China Morning Post - August 15, 2005

Associated Press in Banda Aceh -- As a ship carrying hundreds of troops leaves Aceh's port, soldiers and police wonder if an accord being signed by the Indonesian government and separatist rebels today will bring lasting peace to the province.

Pointing to mountains that line the tsunami-ravaged coastlines, they said they did not believe Free Aceh Movement leaders who negotiated the deal, many of whom have lived abroad for years, were in touch with their men in the field.

The rebels have their own concerns. They are worried for their safety and are lying low in their jungle hideouts.

"We cannot leave until the accord is signed," said Tengku Muksalmina, a rebel regional commander. "Some Indonesian troops are surrounding us in a ready-to-shoot position, and we've been ordered to avoid armed clashes."

Despite last-minute jitters, everyone in the province seems to agree this is the best chance Acehnese have had in years to end fighting that has claimed 15,000 lives since 1976, most of them civilians.

About 200 EU and Southeast Asian monitors will be deployed across the province to make sure both sides honour the agreement.

"We have urged both parties to show maximum restraint, to desist from all acts of violence and use of force," said Peter Feith, the Dutch head of the monitoring mission. "This will create the climate of confidence" needed to usher in much-wanted peace.

Previous deals have collapsed, the most recent in 2003 when the army and the rebels accused each other of violations.

It took the December 26 tsunami, which killed 130,000 people and destroyed much of the province's infrastructure, to get the Indonesian government and Free Aceh Movement rebels talking again.

Vice-President Jusaf Kalla said the exiled rebel leadership saw the devastation caused by the killer waves on television and decided it was time to stop fighting. "And we realised, too, that rehabilitation and reconstruction in Aceh would be impossible if there was no peace," he said.

Both sides made major concessions during peace talks in Helsinki, Finland, last month. The rebels gave up their long-held demand for independence, agreeing to remain part of Indonesia, and to give up their weapons. In return, the government offered them land and jobs, and, most importantly, some sort of political representation.

Details of the accord were slowly emerging. In addition to its own flag and anthem, the province will be allowed to hold an election next year for a regional head.

"The rebels have been struggling for 30 years, but what is the result? Nothing," said Hasballah Saad, a former human rights minister and an Acehnese native. "Now they have a legitimate reason to stop their struggle -- they get amnesty, economic compensation and political representation." And, as demanded by the rebels, more than 20,000 of Indonesia's 50,000 troops will withdraw.

The bulk will begin leaving in mid-September, but hundreds of military police pulled out ahead of today's signing. "I can't wait to see my mum," said one soldier, who was returning to his home in Java.

Peace felt on eve of Aceh deal signing

Jakarta Post - August 15, 2005

Tiarma Siboro and Nani Afrida, Banda Aceh -- An atmosphere of peace prevailed in Aceh ahead of an historic day that many hope will mark an end to almost three decades of bloodshed.

Hundreds of people thronged Baiturrahman Grand Mosque on Sunday to pray for nothing to stand in the way of the signing of a peace deal between the Indonesian government and the Free Aceh Movement (GAM) rebel group in Helsinki on Monday.

"I wish for lasting peace in Aceh, which would not merely take place in main towns, but also the remote places across the province," a blind man, Rasiddin, 34, said as he joined the prayer.

"We are tired of living amid a long-standing conflict." Rasiddin lives in Barak Ruko Darussalam, a remote village in Aceh Besar regency that is considered a GAM stronghold.

A woman shared a similar hope, although she was more cautious. "Shaking hands is easy, but it's not so easy to do it from the heart," she said.

Tuesday's peace agreement, if it materializes, will be the third one signed in Aceh since former president Abdurrahman Wahid initiated a humanitarian pause in the province in 2000.

GAM has been waging a guerrilla war since 1976 to found a independent state in the natural resource-rich province. Continuing violence has since then killed around 15,000 people, mostly civilians.

Earlier on Sunday morning, hundreds of students from state-run Syiah Kuala University and others institutions grouped under the All Aceh Student Executive Body (BEM) took to the streets to express their desire for peace. They distributed white paper roses to pedestrians.

"We hope that the peace talks will not benefit certain groups in Aceh nor serve to entertain the elite of politics. More than that, the peace agreement should mark the real reintegration of all Aceh people who have suffered from the prolonged trauma upon witnessing members of their families kidnapped, tortured and killed by both warring parties," the students said in their statement.

The message came amid the students' concern about a possible social conflict as a consequence of the peace deal that requires amnesty and the acceptance of GAM members back into society.

"We demand both parties to comply with the peace pact and not consider it a ceremonial thing," said Andria Syah Putra, the secretary-general of Syiah Kuala University's student association.

Under the draft agreement, the government will provide economic compensation for GAM members who surrender their weapons. Other key points of the peace pact include a greater autonomy status for Aceh to administer their political and economic affairs, and the withdrawal of reinforcement military troops and police officers. In return, GAM will drop its independence demand.

Also on Sunday, chairman of the Aceh Monitoring Mission (AMM) Pieter Feith from the Netherlands arrived in Banda Aceh. Accompanying him were several other monitors and British Ambassador to Indonesia Charles Humphrey.

Feith reiterated the team's commitment to conflict resolution in Aceh with full respect of Indonesia's territorial integrity. "I would like to urge both parties to show maximum restraint, to desist from acts of violence, the use of force and cease all offensive operations," Feith said. "This will create a climate of confidence that will be the best way for starting the program of decommissioning and redeployment."

Cautious optimism reigns ahead of Aceh peace pact

Agence France Presse - August 14, 2005

Banda Aceh -- Hopes are high that a peace deal to be signed Monday will finally end decades of bloodshed between troops and separatist rebels in Indonesia's Aceh province, but analysts warn the road to lasting peace will not be smooth.

The Indonesian government and the Free Aceh Movement (GAM) will on Monday sign a peace accord in the Finnish capital Helsinki, capping six months of negotiations to bring peace to the troubled and tsunami-shattered region.

Two earlier truces, in 2000 and 2002, were short-lived, with both sides accusing the other of violations and descending once more into the violence which has claimed almost 15,000 lives, mostly civilian, since the rebels launched their revolt in 1976. On both occasions, hopes for peace had been high.

Analysts are cautiously optimistic that this time the peace deal will hold, pointing out that both sides are making concessions and that a more rigorous monitoring system of about 200 foreign observers is in place.

"My impression is that this agreement document is much more detailed, more concrete, and therefore the possibility of this agreement turning sour is much less," said former human rights minister Hasballah Saad.

Saad, an Acehnese who has been working to promote peace in his home province, said however that many issues remained to be addressed. Both sides should learn from the past and "should show the goodwill to really protect the peace process," he said.

Rights activists say this time both sides appear much more determined to make it work. "This time, the potential for this peace deal to be implemented is much stronger than in 2000 and 2002," said Otto Syamsuddin Ishak, an activist with human rights group Imparsial, which has been monitoring the conflict in Aceh.

Ishak, who just returned from a visit to Aceh, said his optimism was widely shared in the province. Both sides appeared more determined to achieve peace, a spirit reflected by their willingness to compromise, he said.

The GAM dropped its demand for independence while the government was willing to work to allow local political parties in Aceh, which are currently prohibited.

Unlike their predecessors, President Susilo Bambang Yudhoyono and Vice President Yusuf Kalla have also shown that "they are both prepared to fight for this peace and persuade those against it," Ishak said.

Decades of relentless violence had shown that the military approach did not work, said J. Kristiadi, political scientist and deputy director of the Centre for Strategic International Studies. "I think both camps are tired and realize after 30 years, that a military approach cannot solve this problem," he said.

Former rights minister Saad said that, unlike past agreements, which only aimed at a truce, the goal of the Helsinki accord was a lasting peace.

The negotiations which led to the agreement were also the first face-to-face talks. Previous talks had been held through a mediator. "The current deal is also marked by much more pragmatism and workability," Kristiadi said.

Many issues, however, remain unaddressed and need to be anticipated if the peace process is not to meet the same fate as the two previous truces, said Saad.

Problem areas which needed to be tackled included the effective protection of foreign monitors and the criteria under which former rebels would be granted an amnesty, as promised by the government.

The participation of GAM members in local elections in Aceh slated for April 2006 and arrangements for local political parties also had to be addressed.

"The question is whether this agreement can become effective while at the same time not giving rise to new problems both for Aceh and for Indonesia," said M.T. Arifin, an observer of political and military affairs at the state-run 11 March University in Solo, Central Java.

Although the top military brass and exiled GAM leaders have publicly said they would support the peace deal, this sentiment may not extend all the way down to the soldiers and guerrillas in the field, Arifin said. "They may not have the required mind-set for peace, being so used to the years and years of conflict," said Ishak. Ishak suggested that it might help to replace all military field commanders with officers who have no previous Aceh experience.

The December 26 tsunami which devastated Aceh, killing at least 130,000 people, was a catalyst for the negotiations. "They have all had enough of war, and the destruction brought by the tsunami was the drop that caused the dam to burst," Ishak said.

A lasting peace deal would allow disbursement of some five billion dollars pledged by the international community to help rebuild Aceh.

Aceh leaders fear clashes

Jakarta Post - August 13, 2005

Nani Afrida, Banda Aceh -- With the Helsinki peace deal only a few days away, some Acehnese figures urged the government on Thursday to prepare the technicalities for a plan to grant amnesty to former Free Aceh Movement (GAM) members and return them to the community.

If the technicalities were not well thought-out, the reintegration process could spark new problems, said an Aceh figure, who requested anonymity.

"There is a lot of hatred among people for some GAM members who often extorted and kidnapped their fellow Acehnese. Social clashes could happen after they are given amnesty and returned to the community," he told The Jakarta Post.

The problem began in 1998, when the military revoked Aceh's status as a Military Operations Area (DOM). Since this was revoked, there had been many murders of those whose relatives were suspected of having been Indonesian Military spies.

"The murders have created hatred among some and they are eager to take revenge. How can they erase the memories of their relatives who were abducted and killed?" he asked. In order to prevent social clashes, the Aceh figure urged the government to prepare, among other things, a mechanism for grassroots reconciliation.

"The former GAM members, for example, should attend a reconciliation ceremony called peusijuek held by local subdistrict officials. During the ceremony, residents and former GAM members would be urged to shake hands and mend their ties after the decades of conflict," he said.

Member of the House of Representatives from Aceh, Nasir Jamil, shared his concerns. "I agree that reintegration has to be carefully planned. All community members whose integrity is accepted by the public, such as religious leaders, cultural leaders and others, have to be involved in the reintegration process," said Jamil.

Jamil said he believed that if those people were involved in the process, then "horizontal conflicts" between former GAM members and the community could be avoided.

While some Aceh leaders expressed concerns about possible chaos during the reintegration process, the public at large were generally willing to accept the return of former GAM members to the community.

"If these people have repented and asked for forgiveness, then we have to accept them. Islam does not teach revenge," said Yusuf, a resident of Krueng Sabe, Aceh Jaya regency.

The area where Yusuf lives was labeled a "black zone" by the Indonesian military, meaning that it was an area where GAM had a lot of influence.

Muhammad, a resident of Lhoh Pulo subdistrict, Aceh Besar regency, shared a similar view. "I can accept it if former GAM members return to my neighborhood. However, those former GAM members should be former Lhoh Pulo residents whom we know well. It will make the place tense if the former GAM members coming to our community are outsiders," he said.

Land, lives reshaped by tsunami

Washington Post - August 13, 2005

Alan Sipress, Lhok Bubon -- The massive tsunami that crashed into Sumatra island in December ripped Ibu Yusniar's home from its concrete foundation. But while the stout woman survived, wrapping her arms around a column in a nearby mosque to ride out the surging waters, nature was not through.

Three months later, the sea gobbled up part of her land when another huge earthquake struck. Then, the full-moon tides in July completed the job, reducing the balance of her property in Lhok Bubon village to salty swamp. "The tide came in and it didn't go out," recounted her cousin, Suharman.

More than half a year after the tsunami devastated Aceh province, killing at least 150,000 Indonesians, dramatic shifts in topography are continuing to reshape Sumatra, hampering efforts to conduct the gargantuan task of reconstruction.

The Dec. 26 tsunami submerged swaths of seafront and inundated thousands of acres of rice paddies. The March 28 earthquake, measuring 8.9 on the Richter scale, then lowered the elevation of the island's western coast, dipping much of Aceh's rim into the Indian Ocean. Rain, high tides, westerly winds and erosion have further recast the shoreline and rerouted rivers.

"Things that usually happen over hundreds of years are happening here over three to six months," said Kevin Austin, who completed his tour this month as the UN Development Program's chief officer in western Aceh. "This is really a unique situation."

Combined with the herculean labor of carting away millions of tons of tsunami rubble and the Indonesian government's initial confusion over how to allocate resources, the ordeal of mapping villages and assigning land ownership has impaired new housing construction. Officials have estimated that more than 500,000 people in Aceh are still homeless as a result of the tsunami.

Relief agency officials and local activists agree that the pace of activity has accelerated in the last three months after the government set up an authority to streamline reconstruction. The move cleared up much of the earlier disarray caused by overlapping proposals from the scores of agencies working in Aceh and helped secure faster funding from both the Indonesian parliament and abroad.

But none of the major undertakings, such as primary roads, ports and power plants, are close to completion, and smaller projects, including houses and schools, remain relatively few and scattered. Of the more than 200,000 new homes required in the province, Indonesian officials have reported, barely 3,000 have been finished.

Among the areas hardest hit by the tsunami were the villages and towns of Aceh's western coast. In Lhok Bubon, a remote fishing hamlet about 10 miles from the main west coast town of Meulaboh, more than a third of the villagers were killed and about 95 homes destroyed. Half of those were in a neighborhood that has since become uninhabitable marsh.

Most of the survivors have settled in worn, sun-bleached tents pitched, whenever possible, on the razed foundations of their old homes or in shanties cobbled together from scavenged bits of wood, tarp and corrugated metal.

"I had intended to rebuild in the same place, on the existing foundation," said Ibu Yusniar, 43, crouching among a small knot of women beneath a tarp.

"But now my land is just water and sand. The land keeps changing. The coast keeps coming. Every tide makes it worse." She flashed a sad smile. The tsunami had killed many of her relatives but fortunately spared her cousin Suharman, who, like many Indonesians, uses one name. He had agreed to live on a corner of his village property, at a safer distance from the sea, and let her rebuild there.

Suharman, won the approval of the village elders for his plan. But the process of officially registering the titles and starting construction seemed endless, he complained.

Across this damaged village, he and other survivors fretted that it now appeared their new homes would not be ready in time for the start of the Muslim holiday of Ramadan, in October.

"We have no idea when we'll move out of this tent," said Sapuan, 35, a squat woman, her hands clasped tensely in her lap. "It's so hard. Sometimes there are storms. There's rain and wind. Maybe we'll have to stay here."

Two of Sapuan's three daughters were swept away in the tsunami. Her surviving daughter, 10, floated to safety by clutching a bamboo branch.

Beginning next month, World Vision, a Christian nonprofit organization, plans to build 83 new dwellings in Lhok Bubon and complete them by the end of the year, according to Geno Teofilo, a spokesman.

In anticipation, Sapuan and her husband have bought a new lot farther from the beach, paying for the land by working as laborers to clear debris from the village. They daydream about moving to a house in time for Ramadan.

"I really hope we can celebrate the festival in our own home," Sapuan added weakly.

So far, however, there are few signs of progress in Lhok Bubon. Working without heavy equipment, the villagers have excavated the mountains of rubble left by the tsunami and lugged it to the edge of the village. The only new construction is the mosque. Its recently repaired black onion dome rises near the beach.

The most noticeable changes are the topography itself. The waters have recently begun lapping at the mosque's front steps, and coconut palms, decapitated by the tsunami, now jut out from the sea several dozen yards beyond the beach. Fishermen, who once caught snapper and tuna, complain that they are no longer sure where to dock their few surviving boats because the shoreline seems to change daily. The cemetery, where some of Lhok Bubon's 120 tsunami victims are buried, is now underwater.

The shifting shoreline has affected reconstruction all along the west coast, including a US-funded initiative to rebuild the 150-mile highway between Meulaboh and the provincial capital, Banda Aceh, scheduled to start later this month. In the meantime, UN officials warn that the province's only major infrastructure project already underway -- the Singapore-funded reconstruction of Meulaboh's port -- also could be jeopardized by the changes..

When disaster struck Lhok Bubon in December, its village chief was killed. A lanky fisherman named Husseini inherited the post. But the fisherman, 33, had lost everything else.

Husseini, at sea during the tsunami, recalled returning in the evening to discover that his house had vanished. He grabbed a tire and floated into the churning waters in a vain search for his wife and 2-year-old daughter.

His wife's body later surfaced in a nearby hamlet. His daughter's was never recovered.

Though the villagers fled for higher ground, Husseini returned to Lhok Bubon three days later, almost alone, and erected a tent. There, among the flies, he began to chart the village's revival, soon enlisting the guidance of the Regional Development Foundation, an Indonesian environmental group.

"This situation is so difficult," Husseini said, sitting on a plastic chair inside his tent, his dark eyes sunken and cheeks hollow. Dark stubble cast shadows across his face. "Everything was destroyed. People had nothing left. But people have the spirit to rebuild."

Lost land records pose another problem. International officials are attempting to remap and establish ownership. But months earlier, the villagers of Lhok Bubon began to demarcate the land on their own under the direction of a dour fisherman named Cut Rahman.

"We can't live on tears," said Rahman, 37, turning away as he spoke through a cloud of cigarette smoke. "We don't have the capacity to build houses, but at least we can prepare the groundwork."

Very few of the villagers have managed to salvage their original property.

Marzuki, 45, who once owned a kiosk peddling basic household wares, plans to build a new home on upland property where he once grew banana and coconut palms.

But, like most villagers, he no longer has the documents to prove his claim. They vanished, along with his wife and son, as he clambered up a palm tree to flee the crush of water.

"My papers? How could I save my land title and certificate?" he asked as his eyes reddened. "I could only save my life. Even my child I couldn't save."

[Special correspondent Yayu Yuniar contributed to this report.]

Acehnese cautiously optimistic accord will end fighting

Associated Press - August 12, 2005

Jakarta -- People in war-torn Aceh province are cautiously optimistic that three decades of fighting will come to an end when the Indonesian government signs a peace agreement with separatist rebels early next week.

Almost all have lost family members -- either to the long-running conflict or to last year's tsunami -- and want to see an end to their suffering.

"This is what we've been waiting for," said 50-year-old Kak Cut, adding that her relatives, seen as rebel-sympathizers, have for years faced threats, imprisonment and kidnappings at the hands of Indonesia's army and police, which human-rights groups have accused of atrocities dating back decades. "We want to rebuild our lives."

She has some doubts Indonesian security forces will withdraw from the province of 4.1 million as promised. And others worry that separatists will refuse to hand in their arms or engage in revenge attacks.

But all agree this is the best chance the Acehnese have had in years to end the fighting that has claimed 15,000 lives since 1976, most of them civilians.

Previous deals have collapsed, the most recent in 2003 when the army and the rebels accused each other of violations. The military kicked out foreign observers, declared martial law, arrested rebel negotiators and mounted an offensive in which thousands died.

It took the Dec. 26 tsunami, which killed 130,000 people and destroyed much of the province's infrastructure, to bring the Indonesian government and Free Aceh Movement rebels back to the negotiating table.

During five rounds of talks in Helsinki, Finland, both sides made major concessions.

Vice President Jusaf Kalla said the exiled rebel leadership saw the devastation caused by the killer waves on television and decided it was time to stop fighting.

"And we realized, too, that rehabilitation and reconstruction in Aceh would be impossible if there was no peace," he said, noting that thousands of international aid workers poured into the province after the disaster to help.

Billions of dollars in aid -- including a $400 million road along the coast of Sumatra island -- risked being held up.

The rebels, who in 29 years of fighting have never given up their demand for independence, did an about-face in Helsinki, agreeing to remain part of Indonesia and to give up their weapons.

In return, the government offered them land and jobs, and, most importantly, some sort of political representation. Details of the agreement were being kept secret until Monday's signing, but Tempo magazine said the government's offer bordered on special autonomy for Aceh with expanded authority.

In addition to its own flag and hymn, the resource-rich province will be allowed to hold elections in 2006 for a regional head. All parties, including former representatives of the Free Aceh Movement, or GAM, will be allowed to nominate themselves.

Though many applauded the government for coming up with a deal that the rebels could accept, others are worried they've gone too far.

"The government should guarantee that this is not the beginning of the end, which is that Aceh is independent," said Salim Said, military analyst.

Others noted that the success of the agreement depends on how well it is enforced on the ground, particularly whether rebel and Indonesian military leaders can control their troops.

"The key issue is how to deal with the spoilers of peace," said Rizal Sukma, a political analyst and member of the nongovernment Aceh Recovery Forum. "It only takes one platoon captain or one GAM commander to violate it, and then the whole peace process will go down the drain."

Kak Cut lost many relatives and her home in the tsunami. She hopes the deal will hold, but is ready even if it doesn't. "People are less scared now," she said. "We've already lost everything in the tsunami, there's nothing more to lose."

Aceh peace agreement creates hope

Radio Australia - August 11, 2005

The Free Aceh movement or GAM and the Indonesian government will sign an agreement in Helsinki next Monday designed to bring an end to hostilities in Aceh province.

Melbourne academic Dr Damien Kingsbury is political adviser to GAM. He spoke to Sen Lam at London's Heathrow airport, enroute to Helsinki.

Kingsbury: Well it's certainly a meaningful agreement. The Indonesian Government appears to be sincere in its commitment to the agreement and The Free Aceh Movement is definitely sincere in its commitment. The problem of course will be whether or not the Indonesian military and its militias respect the agreement and allow the process to be implemented.

Lam: Indeed, how soon do you expect the Indonesian troops to withdraw From Aceh after the agreement is signed?

Kingsbury: They're due to begin withdrawing on the 15th September and They will withdraw in four stages, one stage a month for four months and they're due to complete the withdrawal in so far as they will withdraw by the end of December.

Lam: And earlier this week, we had a senior military official being quoted as saying that the Indonesian military is ready to resume action should the peace agreement fail. That doesn't inspire very much confidence, does it?

Kingsbury: No, there's an awful lot of sabre rattling going on behalf of the Indonesian military at the moment and indeed there has been throughout the peace process. They're belligerent, they have tried to disrupt the process and it's in their interests to see it fail. But we certainly are trying to do everything we possibly can to ensure that that doesn't happen and the European Union, which is sending the Aceh monitoring mission will be keeping a Very close eye on both the military and the Free Aceh Movement to make sure that both parties respect, not just the letter, but the spirit of the agreement.

Lam: Indeed, is that the role that you expect the peace monitors from ASEAN and the European Union to play, to keep an eye on things, even though their not armed?

Kingsbury: Well absolutely, that is their role. They are there to monitor the process, to make sure its implemented appropriately. There's also a contingent of that group which will also be responsible for the removal of Indonesian military from Aceh and for the decommissioning of GAM weapons.

Lam: So what sort of security presence will be there be in Aceh Province itself after Monday?

Kingsbury: Well problematically, the only security presence really will be that which is allocated by the Indonesian police. Unfortunately, the Indonesian police have been part of the problem in Aceh. So giving them the role Of security is much the same as it was in East Timor in 1999 and obviously That doesn't bode very well. But we are hoping that the government's pressure on its own forces will be sufficient to ensure that they are complying with as I say, both the letter and the spirit of the agreement.

Lam: I was going to say there appears to be quite a good amount of goodwill in Helsinki on both sides, but will that necessarily translate through to the commanders, both the police and the military on the ground in Aceh? Do you think Jakarta might have the facility to do that?

Kingsbury: Well that's the big question at this stage. We know that in the past that the Indonesian military has acted well outside its civilian authority and this really is the contest to see whether or not it's possible to bring the Indonesian military under civilian control.

That's certainly a part of Susilo Bambang Yudhoyono's agenda as president, to bring the military under civilian control, as well as to bring peace to Aceh and these two processes obviously run in tandem, they're both interlinked. One is a test for the other. So if he's successful with the military, Aceh will work. If he's successful with Aceh, it means that the government can exercise control over the military.

Lam: And finally Doctor Kingsbury, from where you sit, what do you think are likely to be the flashpoints which might disrupt the peace process?

Kingsbury: Well the first one will be a destabilisation of the handover Of GAM weapons and indeed the general security environment in Aceh by either the Indonesian military or its proxy militias, that's certainly the first one. And we do expect that there will be some destabilisation. The question is how well it can be handled and of course if you plan for it, and if you expect that you can at least try to accommodate it to some extent. There may be some problem with the legislator in Jakarta, not approving the requisite legislation to allow this agreement to go through fully. But the indications now are very positive in that regard and the leaders of all of the parties represented in the parliament have now said that they will support the legislation. So we appear to be safe on that front.

I guess the final point would be if the government tries to interpret aspects of the agreement, other than that which is the way it's intended. If they try to do that, if they try to play games with it, obviously GAM won't appreciate that and that could bring it undone. But I think at this stage the Indonesian Government's been fairly sincere and really the main problem is whether or not the TNI and its proxy militias can be controlled.

House support Aceh peace pact

Jakarta Post - August 10, 2005

Jakarta -- Efforts to end three decades of bloodshed in Aceh received a major boost on Tuesday as the government secured full support from the House of Representatives for its peace agreement with the rebels in the province.

"The House leadership, including all 10 factions... support efforts by the government to solve conflicts in Nanggroe Aceh Darussalam in a peaceful, comprehensive and dignified manner," House Speaker Agung Laksono told a joint media conference which wrapped up a marathon consultation meeting at the president's office.

Agung brought with him representatives of all the factions, including previous opponents of the deal, the Indonesian Democratic Party of Struggle, to the talks which had been requested by the lawmakers to hear details of the peace deal, which is scheduled for signing in Helsinki on Aug. 15.

President Susilo Bambang Yudhoyono was accompanied by Vice President Jusuf Kalla and several Cabinet ministers and Indonesian Military Commander Gen. Endriartono Sutarto.

To show their relief, the government officials and lawmakers concluded their meeting with patriotic songs "Syukur" (Appreciation) and "Padamu Negeri" (For You My Country).

President Susilo Bambang Yudhoyono said the Free Aceh Movement (GAM) rebels would cease to exist as a consequence of its approval of the peace deal, which requires its members to acknowledge the unitary state of Indonesia and the 1945 Constitution.

The signing, Susilo said, would ease the way for the massive reconstruction effort currently underway in Aceh, most of which was greatly damaged by the tsunami. Nearly 130,000 people were killed in that disaster, which also affected Nias Island in North Sumatra.

Minister of Justice and Human Rights Hamid Awaluddin has been appointed to sign the agreement on behalf of the government. Four lawmakers will also witness the signing, but Kalla, who initiated the peace talks, will not be there.

Both Susilo and Agung refused to disclose the details of the truce in order to honor the commitment to keep them secret until the signing. But Agung said the agreement would cover "amnesty, political rights, facilities, integration, economic affairs and monitoring of the peace implementation".

The government had earlier proposed an amendment to the special autonomy status for Aceh to allow GAM members to form their own political party and contest local elections as part of the peace deal.

The President also played down lawmakers' warning of a possible "hidden agenda" behind the truce, which they said could lead to Aceh's partition.

"There should not be concern in connection to what happened to East Timor in the past... No outside party is taking part in the settlement of the Aceh and Papua issues," Susilo explained.

Susilo also gave credit to past governments that contributed to the peace process.

The first peace agreement was reached during the administration of former president Abdurrahman "Gus Dur" Wahid in 2000, and the second during the tenure of Megawati Soekarnoputri in 2002. Both peace deals, however, were short-lived.

Meanwhile, GAM leaders briefed around 300 Acehnese clerics, scholars, artists, activists, businessmen and politicians about the peace agreement in Kuala Lumpur during a forum facilitated by the Sweden-based Olof Palme Center.

"We explained to them that our wali (head of the movement Hassan di Tiro) has approved all the results of the peace talks," a member of GAM negotiating team Mohammed Nur Djuli told The Jakarta Post on Tuesday.

Aceh: Peace depends on demilitarisation

Green Left Weekly - August 10, 2005

The following is abridged from a July 27 article by Thamrin Ananda, the chairperson of the Acehnese Popular Democratic Resistance Front (FPDRA).

The negotiations between the Indonesian government and the Free Aceh Movement (GAM) to resolve the Aceh question peacefully, which concluded on July 17 in Helsinki, are not the first to be mediated by a foreign institution.

On May 12, 2000, the Henry Dunant Centre (HDC) brokered an agreement between the two parties in Geneva, which came to be known as the Joint Agreement on a Humanitarian Pause in Aceh. It came into force in June 2000 for three months and was later extended to January 2001.

A monitoring team was also established to investigate and act upon violations. However, its level of competence was low and fear of reporting the truth high, so reports were only sent to Geneva and never published.

Although there was a drop in the level of violence during the first months of the pause, the agreement collapsed after the two sides accused each other of violations. From the start, a number of weaknesses were apparent.

The humanitarian pause

Under the May 12 agreement, three bodies were established: a Joint Forum to formulate and supervise basic policy, the Joint Committee for Humanitarian Action (JCHA) and the Joint Committee on Security Modalities (JCSM). The last two bodies had monitoring teams, although it was the JCSM that was responsible for investigating violations and the "discontinuation of military attacks", which were to be reported to the Joint Forum.

Up until the end of 2000, the level of violence was comparable with the situation before the pause, with the civilian population, as usual, bearing the brunt. In January 2001, the HDC again brought the two sides together in Geneva, where they madea"provisional agreement". For the first time this took up political issues, although these remained vague in nature.

They agreed that a resolution to the conflict must include: discussions on the question of free and fair elections for Aceh; an independent election commission; monitoring of the elections by an independent and impartial body; regulations to guarantee non-party candidates could participate and regional political parties could be formed; and criteria by which GAM and the supporters of independence could fully participate in the political process.

But while there was a rapid evolution in the process of resolving the Aceh question peacefully, obstacles continued over the issue of security and an end to hostilities. Armed clashes between GAM and the Indonesian armed forces (TNI)/police escalated, even as negotiations in Geneva restarted and produced the Cessation of Hostilities Agreement (CoHA). TNI troops carried out "military diplomacy" to improve their bargaining position at the negotiating table by laying siege to the town of Cot Trieng, involving no less than 5000 TNI personnel.

CoHA

On December 9, 2002, the two parties drafted a peace agreement. At the time, CoHA represented a step towards building mutual trust, which would then be followed by a phased process of demilitarisation. CoHA was not an agreement to resolve the conflict itself, as it didn't touch on the roots of the Aceh question.

The CoHA initiative focused on four points: Security, including a cessation of armed hostilities and violence, a peace zone, demilitarisation (the relocation of TNI troops and the storage of GAM's weapons) and reforming Brimob (the paramilitary police); the distribution of humanitarian aid to refugees; reconstruction, including the rehabilitation of infrastructure destroyed by the war; and civilian reforms, including organising the All-Inclusive Dialogue to strengthen the democratic process in Aceh.

There were a number of weaknesses with CoHA, including the lack of a detailed schedule or deadline for implementing it. Only for the question of demilitarisation was a timeframe set. And even after CoHA was signed, illegal military operations continued.

The Joint Security Committee (JSC) was formed from components of the government, the TNI and police, and the HDC involved some 150 observers made up of military officers from the Philippines, Thailand and GAM. It was here, once again, that the social organisations that strongly supported the peace process were unable to fully participate.

In the implementation of CoHA, the JSC confronted a number of difficulties. Theoretically, the JSC had quite extensive powers to conduct supervision and monitoring and in the initial period of CoHA, the number of deaths dropped dramatically and refugee numbers declined.

During this period, many parties discussed the question of how to widen the peace zones (demilitarised zones) where civilians could move about freely (with schools, places of worship, public spaces, markets, offices, transportation and so forth). These zones were also used to provide a buffer between the two warring camps and end armed clashes. But in reality, the peace zones were never created.

The JSC only had three months to complete its tasks. Both the TNI and GAM misused these restrictions and a series of violent incidents occurred in several parts of Aceh. The public reported 78 cases of human-rights violations to the JSC during this period.

CoHA began to falter during the demilitarisation phase and then fell to pieces in May 2003, after the Joint Council Meeting in kyo broke down. Aceh was plunged back into war when it was placed under a state of martial law on May 19.

JSC failure

The demilitarisation process failed due to the JSC's weakness in conducting investigations and monitoring, and its lack of power in imposing sanctions on parties that violated the agreement.

The number of violations committed by the TNI and police is unknown because the JSC was afraid to publish its findings and only sent them to Geneva. This is why the JSC lost its authority in Aceh.

The JSC was unable to guarantee security to those members of the public who reported violations. It was extremely difficult for the JSC to obtain direct information from the public, simply because many were too scared to report violations.

In the end, those who did not desire peace sabotaged the process though mobilisations against the JSC and setting fire to the JSC offices in central Aceh, which was followed by the burning down of the JSC offices in eastern Aceh by the Ge Parang militia group.

In the fifth round of the Helsinki negotiations, a breakthrough was made. After getting past a number of points of dispute, the two parties finally started to find points of agreement on issues such as "self-governance" for Aceh within the framework of the Unitary State of the Republic of Indonesia. It will be signed on August 15.

A number of other points were agreed on including the economy, amnesty, the role of cultural leaders, human rights trials and local political parties. The main point, however, which will be the indicator of the success or failure of self-governance, is the question of demilitarisation.

Past experience has shown that the question of demilitarisation is the most difficult. In the Helsinki negotiations, it appeared that the government correctly understood this and demilitarisation was set as the main goal to be achieved in the first three months.

The issue of local parties will be decided in 18 months' time. This means that if the demilitarisation process fails, local parties will never become a reality in Aceh and, similarly, the other points of the agreement will also fail.

The parties have already agreed to the presence of a foreign monitoring team, the Aceh Monitoring Mission (AMM). This time the two sides have agreed to the presence of monitoring teams from the European Union and Association of South-East Asian Nations. However we do not know exactly what kind of authority the teams will have or whether they will suffer from the same limitations as the JSC.

Building a sense of mutual trust between the two parties is also crucial and they must agree to a ceasefire so that demilitarisation can proceed smoothly. This is because during the CoHA demilitarisation process, both sides continued military operations. The most prominent examples were the TNI sweeps in the cities and routine security operations often ending in armed clashes with GAM.

If this is repeated and the AMM does not have the authority to act against those who violate the agreement, then there is concern that the Helsinki agreement will suffer the same fate as CoHA. In order to control armed troops from both sides, government infrastructure in Aceh must be under the control of mediators so that policy implementation will proceed smoothly and not be at odds with the agreement. (Many government policies during the CoHA period conflicted with the peace agreement itself, such as the prohibition on holding demonstrations while CoHA permitted the Acehnese to do so.) The AMM must also have a sufficient number of trained, professional personnel (particularly foreigners) and be able to guarantee the safety of witnesses.

If demilitarisation is successful, the second most important issue is the political process and the question of local political parties. Although this is in fact not something new - it was agreed under CoHA - in its implementation there are new elements. There must, therefore, be clear details, including who will organise future local elections.

On the question of the authority to impose sanctions or act against a party that violates the agreement, it is likely that the AMM will experience difficulties, bearing in mind that Aceh is an area of armed conflict and there will be no peacekeeping force. The AMM may therefore tend to prioritise its own safety considerations and this could become an obstacle to being able to take firm action against violations and maintaining its authority in the face of two armed and warring parties.

[Translated by James Balowski.]

Islamic law aids tsunami widows

Christian Science Monitor - August 9, 2005

Scott Baldauf, Banda Aceh -- When the tsunami came to sweep away her seaside home, her three children, and her husband, Yuniarti thought that she had lost everything she could possibly lose.

She was wrong. After the disaster, the parents of her late husband took away her car, her motorcycle, and other belongings, telling Yuniarti that they had more right to inherit their son's property than she did as a wife.

They were wrong. According to Islamic law, a widow has greater right to inherit her husband's property. Now, Yuniarti is asserting those rights under Islamic sharia law, a 1,300-year-old legal system that has some surprisingly modern notions of women's empowerment.

"The only way I have is to go to sharia court," says Yuniarti, who claims her husband's family has begun to threaten her after she asked repeatedly for her property back. "I know that I will win the case in Islamic court. My husband's parents are religious people, I hope they will hear the decision of the sharia court and accept it."

In other parts of the Islamic world, from Nigeria to Pakistan and Afghanistan, sharia is regarded as creating as many problems for women as it solves. Sharia has been used to codify harsh sentences such as stoning to death for adultery. But in Indonesia, sharia is seen as a welcome advocate of women's rights in a country where government courts are seen as ineffective and open to corruption.

Inheritance wasn't an issue that many women gave much thought before the devastating Dec. 26 tsunami. But after the disaster, which killed at least 200,000 here and left 600,000 more homeless, many Acehnese families have begun squabbling over what's left -- houses, cars, land. Many grieving widows are scrambling to hold onto what little they have.

"After the tsunami, it's difficult for women to get the rights to their land, their property, their money," says Hajjah Adiwarni Husin, provincial head of the Islamic Women's Association in Banda Aceh. "They have the right under sharia, and they have the right under national law, but people don't know the law, and they are selfish. Some educated women may know their rights, but they don't have the courage to speak up."

By nature, Acehnese women are no shrinking violets. Some of the strongest rulers and military commanders of medieval Aceh have been women, and a statue at the governor's mansion in Banda portrays Acehnese women killing Dutch colonial soldiers with bayonets.

Yet in daily practice, most Acehnese women let men run business affairs, tasking themselves to run the home. Most couples own property jointly, but land documents include only the signatures of husbands; few wives bother to speak up at public meetings, and few get signing authority on checking accounts, a fact that has made dividing property after the tsunami even more difficult.

"The tsunami really opened our eyes," says Ibu Rosmawardani, a lawyer working with Yayasan Putroe Kandee, a social organization for women and children. "What people are doing now is not according to our Koran or the Hadiths [Islam's holiest books]," she says. "They just want to get money." Hanisah Abdullah, the only female religious scholar on the Ulema Council, a grouping of Islamic scholars, says that the solution is to educate women and men about what the Koran really says about family law and women's rights.

"The people who put limitations on women don't really know much about the law," says Mrs. Hanisah. "If a woman and a man work together, they divide their property equally." "We need to teach a new generation of ulema, send them to the villages, and teach people the law," says Hanisah. "But the problem is, we don't have the funding."

While sharia may be a more sympathetic system in regard to women's rights than the cultural behaviors of Aceh, sharia also has a dark side. This spring, in the town of Beureun, 20 men convicted of theft in sharia court were sentenced to public flogging -- the first such punishment of its sort in recent memory. Such harshness, and inability to appeal decisions reached by religious courts, leaves many activists here wary of encouraging a revival of sharia.

And some women are reluctant to assert their rights for fear of damaging relations between families united by marriage.

Typical is the story of Hajjah Saidah. This 60-something grandmother is now raising her 8-year-old grandson, Mohammad Jaya, because the boy's entire family was wiped out in the tsunami.

By both national and Islamic law, young Mohammad Jaya is entitled to receive all the property of his parents, including the pension of his father, Muzakkir Rasyid, a government servant. But in the scramble for assets after the tsunami, Hajjah Saidah ended up with the grandson, and Rasyid's family ended up with his assets. Each month, they give 500,000 rupiahs ($102) -- a fraction of his salary -- to Hajjah Saidah for Mohammad's expenses, and they have promised the boy's grandmother to give the boy the pension once he reaches adulthood.

Hajjah Saidah is worried she may not live long enough to be sure they honor their promise. "The family said they will give the boy his property when he grows up. If they give it, thank God. If they don't, well, I don't know what will happen then. That's what I worry about," she says. For this reason she is pressing her case, despite threats from her husband's family if she doesn't drop it.

"They just want me to follow what they say," she says. "But I think we should follow sharia."

House still split over Aceh peace deal

Jakarta Post - August 9, 2005

Jakarta -- The leaders of the House of Representatives are divided on whether or not the body's official seal of approval is needed for the peace agreement between the government and the Free Aceh Movement (GAM) to become legally effective.

The leaders expressed their views ahead of Tuesday's meeting between House speakers, commission leaders and faction leaders and president Susilo Bambang Yudhoyono to discuss the peace accord, which is expected to be signed in Helsinki, Finland, on Aug. 15. The deal would put an end to three decades of conflict in the resource-rich province of Aceh.

Deputy speaker Zaenal Maarif of the Reform Star Party said that the accord did not need the approval of the House because it was purely a domestic affair.

"The signing of the Helsinki agreement does not require the House's approval because it is between Indonesian parties and does not involve a foreign country." he asserted, as quoted by Antara. "We have to appreciate the government's breakthrough." On the other hand, the deputy chairman of Commission I on defense and foreign relations, Effendy Choirie, said that because international security monitors were involved, the House's approval was needed. "Even though the bulk of the agreement is between the Indonesian government and a domestic separatist movement, the accord still involves foreign parties," he added.

He said that his faction, the National Awakening Party (PKB), would officially ask for the reconvening of a special plenary session of the House to discuss the peace accord.

He said that if the House did not state its official position on the accord, it would not be responsible for any resulting failures. "The risk would lie solely with the government," he said.

He also questioned the validity of the presence of international observers in Aceh ahead of the signing of the agreement. "The agreement has not been signed, yet foreign observers are already in Aceh. What is going on and why must foreigners be involved?" asked Choirie.

Maarif said that the presence of the observers before the signing should not be turned into a political issue. "They are probably there just to do some early preparations," he said.

Head of the Democratic Pioneer Star faction Djamaluddin Karim said that they were not against the Helsinki agreement, but insisted that the House's approval was needed for two sensitive issues in the agreement: amnesty for GAM members and the establishment of local political parties in Aceh. He said that his faction was debating about whether or not GAM members should be allowed to set up their own local political parties in the province.

Tjahjo Kumolo, who heads the Indonesian Democratic Party of Struggle faction, who has been a strong opponent of the Helsinki agreement, said his faction would attend the consultative meeting with the President. "We refuse the agreement," he said. "However, we will attend the consultative meeting." He said he would lodge a protest with the government because the negotiations took place on foreign soil, was sponsored by a foreign party and did not involve Indonesia's Ministry of Foreign Affairs.

Under the draft peace deal, the Indonesian Military (TNI) will have to withdraw its reinforcement troops within three months of the signing, while the rebels have to immediately hand over their weaponry for destruction. The process will be supervised by a group of independent foreign monitors.

Two previous governments had attempted to secure peace with GAM, but both of those failed.

Army ready if Aceh peace accord collapses

Associated Press - August 9, 2005

Jakarta -- The Indonesian military says it is readying its troops in case a peace agreement with rebels in Aceh province collapses.

The accord, which will be formally signed Monday in Finland, is seen as the best chance yet to end three decades of fighting that has killed 15,000 people. But several earlier accords have collapsed amid bitter mistrust on both sides.

"Basically, the Indonesian armed forces have made the necessary preparations, anticipating the worst the could happen," Indonesia's military commander Endriartono Sutarto told reporters late Tuesday.

The Indonesian army has vowed to begin withdrawing thousands of troops from the oil- and gas rich province beginning mid- September. In return, the rebels have agreed to disarm and to cease all military activities.

"If the Free Aceh Movement dissolve, the non-regular forces will no longer be necessary," Sutarto said. But he noted that the military has no way of knowing the exact strength of the rebels, and its always possible some separatists will try to scuttle the deal.

The last peace agreement collapsed in 2003, when the army kicked out foreign observers, declared martial law and arrested rebel negotiators.

All-Java Aceh Social Forum declares support for peace

Aceh Kita - August 8, 2005

AK-41, Bandung -- The All-Java Aceh Social Forum in Bandung has succeeded in reaching an agreement to support the signing of the Helsinki peace agreement. The signing of the agreement between the Indonesian government and the Free Aceh Movement (GAM) will take place in Helsinki on August 15.

"The peace process is a bridge of shining diamonds towards Aceh's advance into the future. Because of this therefore, don't let there be parties who violate the Helsinki peace agreement", said Rusdimar, an Acehnese public figure in Bandung when speaking to Aceh Kita.

The meeting, which was opened by the minister of information and communication Sofyan Djalil, was attend by around 120 public figures and Acehnese student activists who live in Java. They came from Jakarta, Bogor, Bandung, Semarang, Yogyakarta, Malang and Surabaya.

"Basically, all of the material of the Indonesian government-GAM agreement has been penciled in. And it is now just leaves it to be signed on August 15 in Helsinki", said Djalil who was one of Indonesia's negotiators who will witness first hand, the signing of the agreement.

Also speaking at the event was Prof. Dr T. Dzulkarnain Amin, MA (Padjadjaran University lecturer), Drs. Nasir Djamil (a member of the People's Representative Assembly, DPR), Prof. Said Zainal Abidin (a lecturer at the Jakarta State Administrative Institute) and Dr. Ahmad Farhan Hamid (a DPR member). T. Muda Ariadi (Association of Acehnese Students in Bandung, Kamaba) facilitated the dialogue.

"Let us be ready to be one in supporting the realisation of the peace agreement in Helsinki. And in order to do this, a peace- loving spirit is need by all parties who agree to the realisation of the peace process in Aceh. Furthermore, the pubic must also support the process of socialising this peace", said Djamil.

Similar views were expressed by Amin, Hamid and Abidin. "The rebellion which has taken place in Aceh is basically because there has been errors on the part of the central government. Because of this therefore, these errors cannot be repeated. This moment represents the right momentum to create peace in Aceh, in concert with the peace agreement in Aceh, hopefully the reconstruction of Aceh can be spurred on even faster", said Amin.

Kamaba chairperson Ir. Kamal A Arief said that the All-Java Aceh Social Forum has succeeded in agreeing to support the peace deal in Helsinki and will continue to organise follow-up meetings in a number of other cities in Java which will be held in rotation. [asf]

[Abridged translation by James Balowski.]

Traditional drums brings spirit of peace to Aceh

Jakarta Post - August 8, 2005

Nani Afrida, Banda Aceh -- There is a saying in Aceh, meunyo ka dimeusurapai uroe lageum dipiyoh dimeusu budee, meaning that weapons should stop firing when the rapai drum is beaten.

That saying has inspired thousands of Acehnese to hold a two-day Rapai Pase festival -- with a parade of musicians leaving from Kutaraja in Banda Aceh on Sunday to Peurelak, East Aceh -- to greet the peace deal between the Indonesian government and the Free Aceh Movement (GAM).

The government and GAM concluded in July a fifth round of talks with GAM in Helsinki, producing a deal that could end decades of separatist fighting in the province and is scheduled to be signed on Aug. 15.

"I feel optimistic that with this festival, there will be peace in Aceh. Previous generations of Acehnese have proven it and now we must try," said Syamsuddin Jalil, a cultural observer who helped to organize the festival.

The Joint Commission for New Aceh (KBAB) has reported moves by both disputing parties to reject the peace process by mobilizing people to foil any signing of truce.

Twice the Indonesian government and GAM have signed a truce, but both were proven short-lived.

Under then president Abdurrahman "Gus Dur" Wahid, both parties agreed upon a humanitarian pause following the first ever negotiation with GAM in 2000, but it quickly broke down.

Gus Dur's successor Megawati Soekarnoputri ordered a major offensive against GAM under a martial law only five months after the second cease fire signed in December 2002.

The third chance for peace came only after tsunami killed nearly 130,000 people in Aceh last December.

Rapai pase is an Acehnese traditional drum that originated from Pase in North Aceh. The round instrument, made of wood and leather and measuring around 100 cm in diameter, is also said to have been used to mark the arrival of Islam in Pase. It is usually played during traditional rites or historical events.

The art form almost vanished during the decades of conflict and has never been played in public for the last 10 years.

The parade -- the biggest ever in Aceh's history -- started at 9 a.m. on Sunday, with the drummers -- mostly from North Aceh -- busily hitching their rapai to the trucks for the festival.

Before leaving Banda Aceh, 288 drummers beating 144 rapai drums delivered the spirit of peace as they rode around on over 10 trucks across Banda Aceh, belting out religious and peace-themed lyrics while pounding out a rhythm on their drums.

The group left the Darussalam area before heading to Baiturrahman Grand Mosque, Blang Padang field and arrived at the governor's office compound. "Before heading to Peurelak, we toured Banda Aceh. We passed every inch of land to ensure the peace of Aceh," Syamsuddin said.

A rapai drummer, M. Yusuf Syam, a 50-year-old resident of Cot Muerong village in North Aceh, said he and other residents came to Banda Aceh especially for the festival. "We feel really proud that we can take part in this peace campaign. This kind of festival is rarely organized by the provincial or local administration," Yusuf said.

Most of the drummers were older gentlemen. "Young men rarely play rapai because it takes skill and strong physical powers," explained Sulaiman, 52. The event, which will reportedly be entered as a new record at the Indonesian Museum of Records, was jointly organized by the Acehkita Foundation and around 50 other organizations.

"I hope that when the rapai music fills the air, peace will come true in Aceh," Syamsuddin said.

 West Papua

10,000 Papuans criticize special autonomy implementation

Jakarta Post - August 13, 2005

Nethy Dharma Somba, Jayapura -- At least 10,000 Papuans stormed into the office of the Papua provincial legislative council in Jayapura on Friday, demanding the government to review its Special Autonomy Law.

The protesters, in one of the largest such demonstrations ever in the province, claimed that the special autonomy was a total failure as it had failed to live up to people's expectations in Papua.

The protesters started at Trikora Field in Abepura in the morning, and from there, they marched to the legislative compound. Due to fears of clashes, many schools, offices and shops were closed as the protesters made their way through Jayapura city, some 25 kilometers from the Trikora Field. Other shops and residents along the way prepared food and water for the protesters, who also were demanding justice.

The demonstrators, some wearing traditional Papuan attire, carried a coffin covered with black cloth bearing Otsus (special autonomy), which meant that special autonomy had failed to improve the life of Papuans. Besides demanding the government to hold national and international dialogs to solve the Papuan problem, the demonstrators, led by the secretary of the Papuan Tribal Council, Leo Imbiri, also demanded the Papuan provincial council members convene a plenary session and formally reject special autonomy.

Responding to the demand, speaker of the Papuan provincial council Jhon Ibo argued that it was premature to say that the Special Autonomy Law was a failure as it was just a few years old and the implementation process was still ongoing. Ibo rejected the demand for a plenary meeting, but he promised that the provincial council would intensify dialogs with the Papuan Tribal Council in order to discuss the future of special autonomy.

Leo stated that special autonomy was the best way for Papua to improve, but he argued that parts of the implementation had not yet lived up to people's expectations. First, he said, the government was sluggish in issuing the Presidential Decree on the Papuan People's Council. It was finally launched three years after the Special Autonomy Law was issued in 2001, which brought disappointment to many Papuans. The Special Autonomy Law provided more authority for the provincial administration to manage its own affairs, while the central government retained some powers such as in the matters of security and international affairs. And second, Leo protested, the government approved the establishment of West Irian Jaya province, which effectively partitioned Papua province and violated the 2001 law.

The original 2001 law states, however, that the establishment of a new province must be approved by the Papuan People's Council, while in fact, West Irian Jaya was set up before the MRP was founded. Protests against the Special Autonomy Law, were not only held in Jayapura but also in other areas in Papua, such as Sorong and Biak, although far fewer people took part.

The massive expression of disappointment comes just weeks after some members of the US Congress proposed a bill questioning the validity of the process leading to the 1969 Act of Free Choice in Papua, when a group of some 1,000 selected Papuan leaders voted unanimously to become part of the Republic of Indonesia.

Support for separatism clashes with US foreign policy

Associated Press - August 11, 2005

Washington -- As a peace deal nears in a 29-year war in Aceh, US lawmakers are seeking support for an independence movement in another Indonesian province: West Papua, also the site of a long-simmering rebellion.

Legislation recently approved by the House of Representatives calls for the United States to review its human rights policy toward the province, where Indonesian security forces have murdered, tortured and raped local separatists. Nearly 40 lawmakers have also asked the United Nations to allow West Papua to vote on whether to remain a part of Indonesia.

They face stiff opposition, both from the administration of President George W. Bush and from Indonesia. The world's most populous Muslim country, Indonesia has become a key US ally in fighting terrorism, and the administration is wary of undermining the vast archipelago's stability or damaging recently improved relations.

Some lawmakers say that has prompted the United States to ignore atrocities against natives of the primitive, though resource- rich, western half of New Guinea island.

"We're saying we're not interested in having human rights in West Papua because... we need the government in the war on terror," said the legislation's co-sponsor, Rep. Eni F.H. Faleomavaega, the top Democrat on the House International Relations Asia subcommittee and American Samoa's nonvoting delegate to Congress.

Indonesia bristles at what it sees as congressional meddling during a transition to democracy complicated by more than 30 years of brutal dictatorship. It wasn't until last year that the country held its first direct presidential election.

"We do not accept any outside intervention regarding Indonesia's territorial integrity," President Susilo Bambang Yudhoyono told reporters July 29, shortly after the legislation's passage. "The existence of Papua within the Republic of Indonesia is final."

The same day, State Department spokesman Sean McCormack said: "The United States does not support or condone any efforts to promote the secession of Papua from... Indonesia."

Even without support from Jakarta and Washington, advocates for independence are encouraged by the legislation. For the people of West Papua, having US lawmakers formally acknowledge their suffering "is a miracle for the movement," said Octovianus Mote, an exiled Papuan activist. "They feel, for the first time, that there are people watching, that we are not alone. That's really empowering."

The provisions on West Papua were included in a House bill authorizing next year's State Department programs. Before becoming law, the legislation must be approved by the Senate, where prospects are uncertain, and then be signed by Bush.

The bill calls for State Department reviews of US efforts to promote human rights in Papua and Aceh, and of a unanimous vote in 1969 by 1,022 hand-picked Papuan elders to become part of Indonesia. Faleomavaega calls the vote "a sham, conducted at the point of a gun."

For Indonesian officials, however, the question of West Papuan independence is closed. They believe the province had a chance at self determination in 1969, and chose Indonesia.

"It's difficult for the Indonesian government to move on when they cling to a lie," said John Saltford, a historian who has written a book on the vote. "There is an understanding by many Papuans that they were denied their right to self determination."

The State Department, in its most recent human rights report, said Indonesian security forces have killed and tortured supporters of Papuan independence, the Free Papua Movement. The rebel group, though disorganized and often ineffective, is widely supported in West Papua and by outside humanitarian agencies.

Rights groups maintain that about 100,000 people, one-sixth of the 1969 population, have died as a result of military action or other atrocities carried out by Indonesian troops. In 2001, special forces murdered Theys Eluay, West Papua's leading political figure.

But the State Department criticism over rights abuses marks an exception to recently warming US-Indonesian relations. In February, the department approved the reestablishment of a coveted military training program that had originally been yanked in 1992, following a massacre of 300 civilian protesters in Dili, East Timor.

In May, Yudhoyono visited Bush in the White House. And the United State recently congratulated Indonesia for settling a bloody war with Aceh rebels. The deal, due to take effect Monday, calls for the rebels to give up demands for independence in return for some form of political representation in Aceh.

Some hope for resolving the West Papua dispute rests with a 2001 Indonesian law meant to give the province "special autonomy" in running its government and managing the abundant oil, gold, copper and timber resources found on the island of New Guinea. West Papua shares the island, which is the world's second largest, with the independent nation of Papua New Guinea.

The State Department says Yudhoyono has indicated that he intends to implement the law, which was largely ignored by his predecessor, Megawati Sukarnoputri.

Some analysts believe the House legislation, even if it doesn't become law, could soften Jakarta's attitudes about the province by focusing the world's attention there.

"At first, the parliamentarians ask: 'Who does the United States think it is to tell us Papua should be independent?'" said R. William Liddle, a specialist in Indonesian politics at Ohio State University. "But the second reaction is, 'We need to get our act together and treat Papua better.'"

Papuans demand probe into alleged misuse of autonomy funds

Jakarta Post - August 11, 2005

Jakarta -- Controversy over the issue of special autonomy for Papua has shifted to allegations of the misuse of Rp 5.6 trillion (US$577.3 million) in the government's autonomy fund allocated for the region.

A group of West Irian Jaya politicians demanded on Wednesday that President Susilo Bambang Yudhoyono form a team to investigate the alleged misappropriation of the state funds, Antara reported.

"The value of the autonomy fund has been Rp 5.6 trillion over the last three years, but the welfare of Papuans has not improved through its usage," West Irian Jaya legislature speaker Jimmy Demianus Idjie said after a meeting with Deputy House of Representatives Speaker Soetardjo Soerjogoeritno in Jakarta.

In connection with the alleged misuse of the autonomy fund, dozens of Papuans grouped under the Irian Development Foundation rallied outside the Merdeka Palace in Central Jakarta to demand that the government investigate the possible involvement of Papua Governor JP Salossa in the case.

Salossa and other Papuan figures met with the President on Tuesday night for talks on a plan by Papuan tribal leaders to symbolically return the autonomy status because it had not been implemented effectively.

One of the demonstrators, Abdul Warwey, said the foundation had collected evidence of the misuse, which he said involved the governor, agency heads, lawmakers, regents and district heads. "Many Papuan people in remote areas have not enjoyed the so- termed autonomy fund," Warwey said.

Papua has been divided into Papua and West Irian Jaya provinces following a judicial review early this year by the Constitutional Court of a 1999 law that split the region into three smaller provinces. The special autonomy law issued in 2001 covers both Papua and West Irian Jaya.

Jimmy said each Papuan family, including those in West Irian Jaya, deserved at least Rp 40 million from the autonomy fund a year if it was channeled directly to the people.

"The fund is huge, but people in Papua and West Irian Jaya are screaming 'we are what we were'. There is no improvement in welfare and public facilities," Jimmy said.

The Corruption Eradication Commission has sent a team to investigate the allegation, but Jimmy said there had been no concrete follow-up action.

"KPK efforts do not satisfy us. The anticorruption drive has not reached Papua and West Irian Jaya," Jimmy said.

Soetardjo said he had written to the President twice, asking him to tackle the alleged misuse of the autonomy fund seriously.

Jimmy was visiting Jakarta along with chairwoman of the provincial elections commission Regina Saway to ask the House to put pressure on the government to allow the gubernatorial election to take place immediately.

The government has delayed the poll from July 28 by one month at the latest, citing unfinished regulations regarding the West Irian Jaya administration.

Papuan Tribal Council steps up pressure on government

Jakarta Post - August 10, 2005

Nethy Dharma Somba, Jayapura -- United Nations and rudimentary SOS flags were unfurled during a ceremony commemorating International Indigenous Day on Tuesday morning in Jayapura.

The ceremony, which was tightly guarded by dozens of police and Army personnel, came only weeks after US congressmen proposed a controversial bill on Papua. The bill sparked uproar among Indonesian government officials as it questioned the validity of the process leading up to the 1969 Act of Free Choice in Papua, when selected Papuan leaders voted unanimously to join Indonesia.

The ceremony, which was organized by the Papuan Tribal Council, started off quietly but later drew attention after two Papuan youths unfurled a United Nations flag and two other youths unfurled a white flag bearing SOS.

They held both flags side by side before some 700 Papuan youths attending the ceremony, held in front of the house of Theys Hiyo Eluay, a Papuan leader who was murdered by Army Special Forces (Kopassus) soldiers four years ago.

"By standing here with the two flags, we aim to draw the UN's attention in order to help us get justice. We have been treated discriminately on our own soil," said Andi Manobi, a Papuan youth leader.

The secretary-general of the Papuan Tribal Council, Leo Imbiri, said that Papuans had always been treated unfairly but Papuans would continue to struggle to bring an end to the injustice. One such injustice, he said, was that development in Papua was never discussed with the Papuan tribal community.

Many Papuans lost their lives after Papua was incorporated into Indonesia in 1969. "The killers of those Papuans have to be brought to justice. If they are not, Papuans will always question whether we were we incorporated into Indonesian just to be slaughtered?" said Leo.

Separately in Jakarta, President Susilo Bambang Yudhoyono met 29 Papuan leaders on Tuesday night at the State Palace to discuss the latest developments in the easternmost province. The leaders, including Papua Governor JP Salossa and Papua provincial council speaker Jhon Ibo, went to the State Palace at the invitation of the President.

All high-ranking government officials attended the meeting, including Vice President Jusuf Kalla, Coordinating Minister for People's Welfare Alwi Shihab, National Police chief Gen. Sutanto and Coordinating Minister for Political, Legal and Security Affairs Widodo A.S. and chief of the State Intelligence Agency (BIN).

In his welcome speech, the President said the meeting was aimed at discussing solutions to Papuan problems, adding that all problems had solutions. However, details of the meeting were not available as it was declared a closed-door meeting after the welcome speech.

The President had invited Salossa on Monday night to a meeting at the State Palace and during the meeting the President told the Papua governor not to let Papuans be provoked by the US bill questioning the legitimacy of the Act of Free Choice that incorporated Papua into Indonesia territory.

 Human rights/law

Rights campaigners named libel suspects

Jakarta Post - August 15, 2005

Jakarta -- Rights activists Usman Hamid and Rachland Nashidik have been named suspects arising out of a defamation complaint filed with the police by former National Intelligence Agency (BIN) director A.M. Hendropriyono.

The two were members of the now defunct government-sanctioned fact-finding team that assisted the police in investigating the murder of rights campaigner Munir. Usman and Rachland said they had been summoned by the Jakarta Police for questioning at Jakarta Police Headquarters on Monday.

In his complaint, Hendropriyono said the two had spread damaging rumors about him and had defamed him during the course of the team's work.

Police also questioned as witnesses a number of chief editors and reporters whose papers published the activists' statement about Hendropriyono.

Usman said the police should be investigating whether BIN was involved in Munir's murder instead of questioning him and Rachland over a defamation complaint. The fact-finding team said in its final report that the murder of Munir was a conspiracy that could have involved officials from BIN.

Munir was found dead aboard a Garuda flight from Jakarta to Amsterdam last September. An autopsy conducted in the Netherlands revealed excessive amounts of arsenic in his body.

But prosecutors have ignored the fact-finding team's recommendation. In their indictment of one of the suspects, Pollycarpus Budihari Priyanto, the prosecutors said Munir's murder was plotted by the defendant and two fellow Garuda employees. Pollycarpus, the prosecutors said, desired Munir dead as he considered him a thorn in the side of the Unitary Republic of Indonesia.

Police have set up a new investigative team led by Brig. Gen. Marsudi Hanafi, who also headed the old team. The new team recently arrested a Garuda passenger who was on Munir's flight for immigration violations, and is investigating whether their is any connection between him and Munir's murder.

Prosecutors not linking BIN in Munir case

Jakarta Post - August 10, 2005

Tiarma Siboro, Jakarta -- Garuda pilot Pollycarpus Budihari Priyanto stood trial at the Central Jakarta District Court on Tuesday on charges of masterminding and executing the murder of top human rights campaigner Munir last year.

But in their indictment, prosecutors did not link the defendant to the National Intelligence Agency (BIN), as recommended by the government-sanctioned fact-finding team in its report to the National Police.

The team concluded that the murder of Munir was a conspiracy involving BIN officials, with Pollycarpus -- who so far is the only person to be actually charged in the case -- believed to be an intelligence agent.

If convicted, Pollycarpus could face the death penalty for premeditating the Sept. 7, 2004 murder.

"Since 1999, the defendant has been involved in various activities to support the Unitary State of the Republic of Indonesia, and he considered Munir -- who identified himself as a promoter of democracy and defender of human rights and an outspoken critic of government programs -- to be an annoyance, who caused problems in the implementation of programs (supporting the Unitary State of the Republic of Indonesia).

"Motivated by this sentiment, the defendant decided to kill Munir. He (the defendant) began to monitor Munir's activities and finally found out about his plan to leave for the Netherlands on a Garuda flight on Sept. 6, 2004 to continue his studies there," prosecutor Domu P. Sihite told the court.

He said Pollycarpus put poison into glasses of orange juice with the help of two cabin crew -- Oedi Irianto and Yeti Susmiarti -- who have also been declared suspects in the murder. "Other glasses containing wine were not poisoned as the defendant believed that Munir would not consume wine," Domu added.

Munir died on board a Garuda flight from Jakarta to Amsterdam on Sept. 7 last year. A Dutch autopsy found a lethal dose of arsenic in his body. Prosecutors said that the poisoned orange juice served during the flight was used to kill Munir.

Defense lawyer Mohammad Assegaf said the charges were based on "very speculative" assumptions that Munir would not drink wine "because he is an Indonesian Muslim".

"The indictment is very weak. The fact-finding team has said that Pollycarpus is just 'a small instrument' in the murder, and it is strange that the indictment makes my client seem as if only he had the motivation to end Munir's life," Assegaf said.

However, he refused to speculate as to whether his client had received "an order" from certain parties to carry out the murder.

Pollycarpus, 44, arrived at the court under tight security. The courtroom was packed with dozens of human rights activists wearing paper masks bearing the photo of Munir. Some protesters yelled out "Murderer!" at Pollycarpus.

Former deputy chairman of the now-defunct fact finding team Asmara Nababan expressed his disappointment upon hearing the indictment, saying that "it did not match with the team's findings".

"The indictment did not explain what really happened or the contents of Pollycarpus' phone calls to a deputy BIN director," he said. "We concluded that the murder was a conspiracy, and Pollycarpus as such is 'a small element' in the case... He is just a scapegoat," said Asmara.

Murder cover-up accusations grow

Sydney Morning Herald - August 10, 2005

Mark Forbes, Jakarta -- The trial of a Garuda pilot accused of poisoning Indonesia's leading human rights campaigner is becoming a key test for President Susilo Bambang Yudhoyono, as investigators and activists claim the case is covering up a conspiracy that goes right to the top.

Pollycarpus Priyanto was indicted yesterday for allegedly spiking Munir Said Thalib's orange juice with arsenic on a flight to Amsterdam last year.

A court packed with protesters wearing masks depicting the outspoken and popular Mr Munir shouted "murderer, murderer" as the prosecution claimed Pollycarpus was helped only by two cabin attendants.

Asmara Nababan, the deputy head of the fact-finding team into Mr Munir's murder appointed by Dr Yudhoyono after intense public pressure, said the case contradicted the team's finding of a conspiracy that linked the murder and Pollycarpus to the head of Indonesia's national intelligence agency (BIN).

Mr Nababan said Dr Yudhoyono should immediately release his team's report and intervene in the continuing police investigation.

The team had obtained Pollycarpus's phone records that showed an "intensive" number of calls between him and the deputy head of BIN shortly before and after the murder, Mr Nababan said.

Speculation has focused on BIN's former head, Hendropriyono, and its chief secretary, Nurhadi Djazuli, who was appointed ambassador to Nigeria by Dr Yudhoyono in March.

After the hearing, Pollycarpus's lawyer, Mohammad Assegaf, said his client had been "made a victim just to cover a bigger interest".

He questioned why only Pollycarpus and two flight attendants were being accused.

"The indictment is also absurd and speculative. It does not explain how Pollycarpus put the arsenic into the glass containing orange juice that was later served to and drank by Munir," Mr Assegaf said Mr Munir, who co-founded the human rights group Kontras, was an outspoken critic of Indonesian rights abuses.

He attacked the conduct of military and intelligence agencies in East Timor, Aceh and Papua and claimed army officers ran a large criminal network involved in illegal logging and drug smuggling.

Police were unwilling to follow the evidence uncovered by the fact-finding team because there was "political pressure to not uncover the truth", Mr Nababan said.

"Of course, BIN is involved, so the President should prove his words when he said he did not want to see the Munir case as an unfinished job." The head of Kontras, Usman Hamid, was pessimistic about the outcome of the case, saying it resulted from a weak police investigation that did not examine links to BIN.

"The President should do something or law enforcement agencies will not be willing to bring the mastermind to justice," he said.

The indictment states Pollycarpus forged a letter to travel as a security adviser on the Garuda flight in September 2000. He left the flight in Singapore and Mr Munir began complaining of severe pains during the flight to Amsterdam. He died two hours before landing. A Dutch autopsy found he had ingested 465 milligrams of arsenic, more than three times a lethal dose.

Indonesian activist's murder trial a 'whitewash'

Reuters - August 10, 2005

The trial over the murder of Indonesia's top human rights campaigner has been criticised by activists who doubt that it will reveal the truth behind a case that has grabbed international attention.

Prosecutors on Tuesday indicted a Garuda pilot for murdering pro-democracy champion Munir Thalib, who died on a flight to Amsterdam last September.

They said Pollycarpus Budihari Priyanto spiked Mr Munir's drink with arsenic, but made no mention of a presidentially appointed team's suggestion that intelligence agents were involved.

Rights groups on Wednesday called the indictment -- which names the pilot as the prime suspect and argues that he acted out of personal feelings -- a whitewash.

"The trial has become a scripted effort just to affirm that a legal process has been conducted. I believe this is meant to wash away the intelligence conspiracy," said Rusdi Marpaung, operational director of the Indonesian Human Rights Monitor (Imparsial), which Mr Munir led before his death.

Johnson Pandjaitan, chief of the Indonesian Legal Aid and Human Rights Association, agreed. "The reason why there is a Pollycarpus in this case in the first place is to cover the conspiracy, which will never be revealed," he said.

Mr Marpaung told Reuters the prosecution should have followed up the independent team's findings that Priyanto had contacted officers of the national intelligence agency (BIN) before and after the murder.

Priyanto has denied the murder charges but he has not responded clearly when asked about any connections to the intelligence agency.

BIN's current chief, who assumed his post after the killing, has said the agency played no role in the murder and called on critics to show proof before talking.

"Don't talk about indications, we should talk about proof," Syamsir Siregar told legislators at a recent hearing. "Up until now, there is no proof of BIN involvement in the Munir case." Wednesday's Indonesian headlines emphasised the indictment's failure to mention BIN.

The English-language Jakarta Post splashed a headline across its front page saying "Prosecutors not linking BIN in Munir case".

The Indonesian-language Koran Tempo noted that prosecutors had not referred to the independent team's findings "on the possibility of involvement by the intelligence (community) and the conspiracy behind it".

Pilot on trial for poisoning of rights activist

Agence France Presse - August 9, 2005

Jakarta -- An Indonesian pilot hs gone on trial for the arsenic- poisoning murder of a leading rights activist in a case seen as a test of President Susilo Bambang Yudhoyono's commitment to the rule of law.

The activist, Munir, died in the business class cabin of a flight by national carrier Garuda Indonesia from Jakarta to Amsterdam in September last year. A Dutch autopsy found a lethal dose of arsenic in his body.

Garuda Indonesia pilot Pollycarpus Priyanto, 44, arrived at Central Jakarta District Court to chants of "Murderer!" from around 30 supporters of Munir. He could face the death penalty if found guilty.

Prosecutors said poisoned orange juice served during the flight was used to kill Munir, who made many powerful enemies through his work exposing state-sanctioned violence during and after the rule of dictator Suharto.

Investigators have said the case showed signs of involvement by the state intelligence agency. The pilot, so far the only person charged over the case, has also been accused by human rights activists of being an intelligence agent.

Human rights groups have described the case as a test of Yudhoyono's dedication to ensuring the rule of law, as Indonesia slowly emerges from the shadow of Suharto's 32-year rule when the military could eliminate enemies with impunity.

Prosecutor Domu Sihite said the pilot, who was off-duty on the flight, had seen Munir as "a hindrance to the implementation of the government's programmes" and poisoned his orange juice with the help of two cabin crew, who have been detained but not charged so far.

Priyanto's lawyer Mohammad Assegaf said the charges were based on the "very speculative" assumption that Munir would not drink wine. Munir, 38, was a pious Muslim.

Before the trial, which was adjourned to August 16, Assegaf said the indictment was "illogical" because it charged the pilot with plotting the murder on his own behalf.

"The strange thing about this indictment is that it makes it appear as if Pollycarpus is the one to have the motivation to take the life of Munir," said Assegaf, who has also defended militant Muslim cleric Abu Bakar Bashir who was jailed for his role in instigating the 2002 Bali bombings.

"What is his interest in taking Munir's life?" Munir's widow Suciwati said she hoped the trial would reveal who was behind the murder.

"What is important is not the indictment but that in this trial an answer can be obtained about who is behind this murder, who facilitated it and who is the mastermind," she told reporters.

In its final report, a government-sanctioned team which investigated Munir's death said it had evidence that Priyanto was in frequent telephone contact with several members of the intelligence agency (BIN) before and after Munir's death.

A former member of that team, rights activist Asmara Nababan, said the indictment did not match his findings.

"I am very disappointed with the indictment because it is totally different to the conclusion of the fact-finding team, because the indictment did not explain what really happened or what were the contents of Pollycarpus's phone calls to a deputy director of the BIN," he said.

"Until today, we have never known the nature of Pollycarpus's intensive talks with the BIN deputy but we believe that the nature of the talks was related to Munir's case," he told reporters after the court session.

Activists protesting outside court Tuesday accused the intelligence agency's former chief, retired general Hendropriyono, of being the mastermind. He has denied involvement in any plot to murder Munir.

A dynamic activist, Munir provided legal counsel for victims of state-sanctioned violence during President Suharto's rule that ended in 1998 and helped expose military involvement in rights violations during East Timor's 1999 independence vote. President Yudhoyono has promised Munir's widow that he would to do everything in his power to bring those responsible to justice.

 Labour issues

40,000 Jakarta nightclub workers facing layoffs

Jakarta Post - August 9, 2005

Damar Harsanto and Abdul Khalik, Jakarta -- Workers in the entertainment industry are paying dearly for the current police campaign against drugs in cafes and amusement centers across the capital.

The Association of Indonesian Entertainment Center Owners (Aspehindo) said on Monday that at least 40,000 workers of the entertainment centers would have to be told to stay at home and risk losing their jobs should the police continue the current drug raids on night spots, such as discotheques, cafes and karaoke centers.

Aspehindo chairman Adrian Maelite said that many owners of entertainment centers have laid off workers in order to cut costs amid significantly lower business.

"Recent drug raids by the police have scared the customers away. Some owners have decided to open only on weekends as a result of lower customer numbers, forcing them to lay off most of their workers," he told The Jakarta Post.

Should the police continue with their aggressive raids on entertainment centers, there would be massive lay-offs in the industry within several weeks, he warned.

"In one or two weeks, entertainment center owners will have to send home 30 percent of their workers or more than 120,000 people," he said.

There are around 400,000 people working in entertainment centers in the city, mostly discotheques and karaoke centers, which account for 60 percent of the total number of workers.

Adrian said that the police drug raids had tarnished the image of entertainment centers. "We would call on the police to launch covert drug operations so that they do not disturb our customers, instead of launching blanket raids," he said.

The police raids have been making the headlines recently as several well-known people have been caught in the dragnet, including former world boxing champion Ellyas Pical and film star Ria Irawan.

Adrian questioned police's policy of focusing on nightspots, pointing to the low number of customers found to have consumed or be in possession of illegal drugs.

He said that only 5 percent of the customers from whom urine samples had been taken had tested positive for drugs and that the police had discovered 190 ecstasy pills in three weeks of operations, while no other illicit drugs, like heroin and marijuana, for example, had been found.

Meanwhile, chief of Jakarta Police's drug squad, Sr. Comr. Carlo Brix Tewu, emphasized that police would continue with the raids.

"We will continue launching antidrug raids until nightspot managements are willing to take part in the drive by making sure that their premises are free of drug abuse and drug dealing," he told the Post.

He said that the managements of nightspots could take part in the antidrug campaign by putting up posters and announcements strictly prohibiting guests from carrying illicit drugs.

In the three-week operation, he said, around 10,000 customers were examined, but only 1,300 were asked to undergo urine tests. "We found 140 of the people whose urine samples were tested to have consumed drugs," he said.

Labor unions pledge support for Garuda strike plan

Jakarta Post - August 11, 2005

Ridwan Max Sijabat and Multa Fidrus, Jakarta -- Condemning Garuda Indonesia management's move to close the offices of the Association of Garuda Flight Attendants (Ikagi), labor unions threw their full support behind the employees' planned strike this weekend.

The chairman of the Confederation of All-Indonesian Workers Unions (KSPSI), Jacob Nuwa Wea, said on Wednesday that the strike was the last resort to make the national flag carrier respect the flight attendants' basic rights and put an end to discrimination in the workplace.

"The flight attendants have no other alternative except to go on strike as the efforts to settle the dispute through bipartite and tripartite forums have ended in deadlock. Besides, workers are allowed to strike under the manpower legislation," said Nuwa Wea, who is also a former manpower minister.

He expressed concern about the forcible closure of the Ikagi offices, which he said was a violation of the freedom to organize as guaranteed under ILO Convention No. 87, the 1945 Constitution and the Labor Unions Law.

"This unilateral act could be counterproductive and jeopardize the company's image both at home and overseas." Nuwa Wea said.

The flight attendants have been demanding pay increases based on their skills, performance and work experience -- something that Garuda pilots have already received. A flight attendant who has been working for 12 years, for example, receives only Rp 2 million per month.

Garuda conceded the pilots demands after they threatened to go on strike. Garuda management has prepared a contingency plan involving the recruiting of flight attendants from other companies in order to maintain its services during the strike.

Separately, the chairman of the Confederation of Indonesian Prosperous Labor Unions (KSBSI), Rekson Silaban, said the transportation union would show its solidarity with the flight attendants. "The attendants are demanding their rights under the law. They will have the support of employees from other airlines and the unions." he said.

Nuwa Wea and Rekson suggested that the government heed the flight attendants demands.

Nuwa Wea, who helped settle the dispute between Garuda and the pilots, said the management was turning a blind eye to the conditions in which the attendants had to work, which had worsened since the financial crisis of 1998.

Dozens of Garuda flight attendants submitted a complaint to the police in Cengkareng, West Jakarta, about the forced closure of their offices. Dozens of others made final preparations for the strike at the union's new offices in Pamulang, Tangerang.

"The necessary preparations are almost completed. We now have no other choice but to walk off the job as there is no sign that management will meet our demands," Ikagi chairman Zainuddin Malik said.

Ikagi also reported the Garuda management to the police at Soekarno-Hatta International Airport on Wednesday for alleged intimidation against protesting workers.

Aryo Budi Santoso, Ikagi secretary-general, said Garuda officials had put up notices and sent text messages to employees warning them not to strike.

The notices, according to Aryo, asks those who will not participate in the Aug. 12-Aug. 14 strike to contact Garuda's operations director Ari Safari by Aug. 10 at the latest. In the text messages, the management warned that employees who participated in the strike would be punished.

Pertamina workers to go on strike

Jakarta Post - August 10, 2005

Jakarta -- Thousands of workers at state oil and gas company Pertamina say they will hold a nationwide strike on Wednesday in protest against a plan for massive layoffs.

Pertamina president Widya Purnama recently signed a decision aimed at terminating some 4,015 contract workers in the company.

"We have received confirmation from several regions (to join) the nationwide strike on Wednesday," chairman of the Pertamina labor union (FSPPB) Ugan Gandar told Antara on Tuesday.

FSPPB has some 17,000 members. He said that the strike was aimed solely at defending the interests of workers, some of whom have been with the company for around 20 years.

Ugan said that the strike would be held at all units of Pertamina in 19 working areas including Pangkalan Brandan and Medan (North Sumatra), Tanjung Uban and Dumai (Riau), Plaju (South Sumatra), Balongan and Kamojang (West Java), Cilacap, Cepu, and Semarang (Central Java), Bontang (East Kalimantan), and Sorong (Papua).

Antara has reported that employees in several regions such as Cilacap, Balongan, and Cepu had already set up tents in their working areas in preparation for the strike.

In Jakarta, workers plan to conduct a protest march from Pertamina headquarters on Jl. Medan Merdeka Timur to the Office of the State Ministry of State Enterprises, the State Palace, the Hotel Indonesia roundabout, and ending at the Office of the Ministry of Manpower and Transmigration.

Thousands of the company's contract workers have been restive following the issuance of the Pertamina president's decision on July 26, 2005 to dismiss non-permanent workers.

The labor union had previously sent a letter to President Susilo Bambang Yudhoyono, asking him to revoke the decision, which is deemed in violation of Law No. 13/2003, which does not permit unilateral mass dismissals.

According to the decree, the contract workers would receive severance payment whose size would depend on their length of service to the company. Workers employed for less than four years would receive compensation of two month's salary, while those employed for more than 20 years would receive compensation of nine times their salary.

 Politics/political parties

Alwi Shihab loses in PKB legal battle

Jakarta Post - August 11, 2005

Jakarta -- The South Jakarta District Court ruled on Wednesday that last year's dismissal of chief welfare minister Alwi Shihab as the National Awakening Party (PKB) leader was legitimate.

"We refuse the plaintiff's request and declare that his dismissal as the PKB leader was legal," judge I Wayan Rena Wardhana told the court.

Alwi sued the PKB central board for removing him from the party's top post last October after joining the Cabinet of President Susilo Bambang Yudhoyono.

The current coordinating minister for people's welfare claimed that his dismissal was illegal because the decision was made only through a plenary meeting of the PKB central board, not a national leadership congress.

The party's central board, now led by House of Representatives deputy speaker Muhaimin Iskandar, said Alwi was sacked as the leader for violating the party's policy prohibiting its executives from serving government posts.

Saying that the dismissal was in accordance with the party's policy, the court also ordered Alwi to stop acting like the legitimate PKB leader.

The minister was also barred from wearing PKB pins while carrying out his political activities.

The court cited Alwi's absence from the Oct. 27, 2005 plenary meeting of the PKB central board, which decided to drop him, as evidence that he could not properly devote time as the party leader.

Alwi sent a letter to the party's board, apologizing for his absence at the meeting due to his busy schedule as the minister.

"With that in mind, we can conclude that if Alwi held both positions, he could not fully concentrate on the party's leadership," argued Wardhana.

Responding to the verdict, Alwi's lawyer, Ariano Sitorus, said that his client would immediately file an appeal with the Supreme Court.

"We respect the decision, but we will appeal because there are many factors that the judges did not take into consideration," he said as quoted by Antara.

Last April, its national congress in Semarang, Central Java, the PKB elected Muhaimin Iskandar to replace Alwi who was not invited to attend.

Rejecting the results of the congress, Alwi and State Minister for the Development of Disadvantaged Regions Saefullah Yusuf, who was also dismissed as the PKB secretary general for similar reasons, established a splinter faction of the party.

Saefullah also filed a separate lawsuit with the same court against his removal. The court is expected to issue a decision on that case soon.

Wednesday's trial was attended by hundreds of pro-Alwi and pro- Muhaimin supporters under heavy police guard.

Pro-Muhaimin supporters cheered the verdict, as their rivals peacefully boarded their buses to leave.

In East Java, several of Muhaimin's supporters shaved their heads to celebrate.

Separately, Muhaimin said that following the court decision, the party was exploring the possibility of recalling several pro-Alwi supporters from their positions as House of Representatives members.

PAN split wider as co-founder tenders his resignation

Jakarta Post - August 15, 2005

Jakarta -- Internal conflict within the National Mandate Party (PAN) has risen to new level with the resignation of co-founder and current legislator Fuad Bawazier.

Fuad, who helped found PAN in 1998, said over the weekend he was considering a jump to the up-and-coming Prosperous Justice Party (PKS) or the establishment of a new party, Antara reported.

"PAN has abandoned its characteristic democracy," Fuad said when announcing his departure. He said he had tendered his resignation and returned his party's membership card on July 28.

Copies of his resignation letter had also been sent to the President, the House of Representatives (DPR) speaker and People's Consultative Assembly (MPR) speaker, as well as the General Elections Commission (KPU).

Cracks had been visible within PAN when Fuad, a finance minister in the last Cabinet of authoritarian president Soeharto, who stepped down in 1998, failed to win support from outgoing leader Amien Rais in the race for the party's leadership this past April. Amien's hanpicked candidate, Sutrisno Bachir, beat Fuad in the party's internal election.

Following his defeat, the dejected Fuad expressed suspicions of vote-rigging. He also hinted that he would leave the party.

Fuad, who is also a businessman, said on Saturday he would remain a member of the DPR, pending the issuance of a presidential decree on his replacement.

He said PAN had violated its own democratic principles after its central board issued a decree dated July 22, which bans provincial chapter members from electing regional executives who go against Jakarta's policy.

"What's an election of regional executives for if they require the central board's approval," Fuad said.

Fuad warned that the waning democracy would adversely affect PAN's performance in the next legislative and presidential elections in 2009.

He also criticized PAN for conforming to the Golkar Party in debates on crucial matters at the House.

He cited the move by some legislators to demand an investigation into an alleged lending scam involving state-run Bank Mandiri as an example.

"The motion failed, partly because of PAN's lackluster support after being influenced (to oppose the probe) by Golkar," said Fuad, who is a former Golkar member.

PAN surprised many with its debut success in the 1999 national election, winning 7.53 million votes and gaining 34 DPR seats. Its leader Amien Rais became the MPR speaker and played a pivotal role in helping Abdurrahman Wahid secure his presidency later in 1999.

In the last legislative election in 2004, PAN managed to get 7.3 million votes. Amien then lost out in the first round of the ensuing presidential election.

 Regional elections

PKS supporters demand probe against judges

Jakarta Post - August 15, 2005

Jakarta -- Thousands of supporters of the Prosperous Justice Party (PKS) continued their protests on Sunday against a court ruling annulled the victory of Nur Nahmudi Ismail and his running mate Yuyun Wirasaputra in the Depok mayoral election.

Gathered at the former Goro wholesale outlet near Depok City Hall, the protesters condemned the ruling and demanded an investigation into the judges who handed down the ruling.

Also taking part in the protest were supporters of the National Mandate Party, the United Development Party, Nahdlatul Ulama, activists from several non-governmental organizations, noted poet W.S. Rendra, Christian preacher Robin Siahaan, artist Ratna Sarumpaet, chairman of the PKS' Depok branch Prihandoko, Nur Mahmudi Ismail, Yuyun Wirasaputra and a number of ulema.

During the protest, Rendra read out a poem expressing concern over the court ruling that declared runner-up Badrul Kamal of Golkar and his running mate Syihabuddin of the National Awakening Party as the winners in the June 26 mayoral election in Depok, West Java.

According to Rendra, his Kakanta Taqwa Group Band, whose members include businessman Setiawan Djody and popular singer Iwan Fals, would hold a concert to express their concern over the ruling.

"I am now seeking permission from Pak Nur Mahmudi to hold the concert," said Rendra.

The KPU in Depok announced on July 6 that Nur Mahmudi and Yuyun had won the election with total vote of 232,610, compared to Badrul and Syihabudin's 206,781 votes. Badrul filed a complaint against the result with the West Java High Court on July 12.

Presiding judge Nana Juwana, however, said on Aug. 4 that due to vote-rigging, Badrul, who is the in-law of West Java Governor Danny Setiawan, lost a total of 62,772 votes, while Nur Mahmudi gained an additional 27,782 votes.

The court then decided that Badrul should have received 269,551 votes, while Nur Mahmudi should have received only 204,828.

The court heard testimony from 11 witnesses called by Badrul and one witness from the Depok KPU. No witnesses from the PKS were called to testify.

Prihandoko said on Sunday that his party supported the plan of by the Depok KPU to seek a review of the decision in the Supreme Court.

He also called for an investigation into the judges who handed down the controversial ruling.

Sri Sumantri, a constitutional law expert from Pajajaran University in Bandung, had said earlier that the minister of home affairs had a role to play in the case as he was the one who would officially inaugurate the winning candidate.

According to Sri, article 106 of the Local Elections Law (No. 32/2004) provides that the Supreme Court has the final say in local election disputes, while article 109 of the same legislation says that election winners are inaugurated by the minister of home affairs.

A team of lawyers hired by the PKS has submitted a file to the Supreme Court requesting that it overturn the West Java High Court's ruling.

Nur Mahmudi tells supporters to stage peaceful protests

Jakarta Post - August 8, 2005

Abdul Khalik and Yuli Tri Suwarni, Jakarta/Bandung -- Over 5,000 members of the Prosperous Justice Party (PKS) and Nahdhatul Ulama (NU) gathered on Sunday in Depok, West Java, to protest a court ruling that declared Golkar Party candidate Badrul Kamal the winner of the June 26 Depok mayoral election.

During the protest, the crowd held a joint prayer at a parking lot near the Depok Police station and the municipality office. Several PKS and NU figures, including the party's candidate in the disputed election, Nur Mahmudi Ismail, addressed the crowd.

Nur Mahmudi's running mate, Yuyun Wirasaputra, who also attended the gathering, is a noted NU member in Depok.

Nur Mahmudi told the crowd the decision by the West Java High Court to overturn the result of the mayoral election was legally flawed.

"We gather here to reject the ruling. It has a weak legal basis. The KPUD has also rejected the ruling," he said, referring to the Depok General Elections Commission.

Nur Mahmudi told his supporters to stage peaceful protests against the decision and to avoid violence.

The West Java High Court said in last Friday's ruling that it had found 27,782 votes had been incorrectly given to Nur Mahmudi, and 62,770 votes taken from Badrul. The panel of five judges said the correct vote count was 269,551 votes for Badrul and 204,828 votes from Nur Mahmudi, giving the election to the Golkar candidate.

However, the ruling was based mostly on claims by Badrul supporters who testified during the trial. No Nur Mahmudi supporters were summoned to testify during the trial.

The chairman of the PKS faction at the city council, Qurtifa Wijaya, said the KPUD had submitted a letter to West Java Governor Denny Setiawan rejecting the court ruling.

He said Denny would have to submit the letter to the minister of home affairs. "The letter was delivered by the KPUD itself. I have checked that the letter has made its way to the governor," Qurtifa said.

Meanwhile, Minister of Home Affairs Mohammad Ma'ruf said in Bandung on Saturday he would leave it to the Depok General Elections Commission to decide on the court ruling and submit a recommendation to the mayor, the governor and himself.

"It will be a long process before a new Depok mayor is installed. The KPUD should report to the governor on their decision and the governor will then report to me," he said.

Ma'ruf, who was met by hundreds of PKS supporters in Bandung, said the government would not interfere with the courts and called on the public to respect the legal process. "How can I inaugurate anyone if I have not received the court's decision or the KPUD report?" he asked.

Sri Sumantri, an expert on state administrative law at Padjajaran University, said the Supreme Court should make a clear decision on whether it would review, accept or investigate the West Java High Court's ruling.

"The law stipulates that the high court's ruling is final but it does not state clearly if the KPUD is bound by it. The Supreme Court has to make it clear," he told The Jakarta Post.

He proposed that Article 106 of Law No. 32/2004 on regional elections be revised to avoid confusion in the event of a similar dispute.

 Environment

Indonesia to prosecute companies over haze

Associated Press - August 15, 2005

Michael Casey, Jakarta -- Indonesia will prosecute 10 companies -- eight of them Malaysian -- for illegally lighting fires on Sumatra Island that have enveloped much of Malaysia with smoke.

The widespread haze, which appeared on Aug. 2, has forced the closure of schools and workplaces and dramatically increased respiratory ailments.

"The Environment Ministry has investigated those companies involved in slash-and-burn activities and we will prosecute them," said Indonesia's Forestry Minister Malam Kaban. The minister released the list of Malaysian firms but refused to divulge the Indonesian ones.

The haze is caused by fires on Indonesia's Sumatra island -- across a narrow strip of sea from Malaysia -- where farmers, plantation owners and miners clear land during dry weather. It blows annually across the strait to Malaysia, which has often complained that Indonesia does little to prevent it.

In Malaysia, authorities planned to crack down on local oil palm plantation owners who illegally burned agricultural waste, causing thick smoke to surround Kuala Lumpur International Airport on Sunday, a day after haze from the Indonesian fires had dissipated.

Conditions in Malaysia have improved since Friday due to a change in the wind direction and heavy rains, but five northern towns were still experiencing unhealthy air, according to Malaysia's Environment Department.

The worst haze crisis previously in the region was in 1997-98, and was also caused by Indonesian forest fires.

Spreading haze plagues traffic, health

Jakarta Post - August 15, 2005

Jakarta/Medan -- The choking haze from forest fires on Sumatra island has spread to more areas on Sunday, including Medan and Pontianak, threatening public health and disrupting transportation.

In Medan, the haze blanketing the city brought visibility down to less than 1,500 meters, far from the safety level for airplanes of 5,000 meters, thus increasing the risk of accidents.

Haze also disrupted public activities, as residents complained of eye irritation and stayed indoors for the most part.

The head of the Medan Meteorology and Geophysics Agency, Firman, said strong winds had blown the haze from forest fires in the neighboring province of Riau.

"Last week, the winds blew beyond 30 knots per hour in an easterly direction, which is why Malaysia was affected. Today, the winds from Riau have come more in a northerly direction pushing the smoke toward Medan," Firman told The Jakarta Post at his office.

He added that the smoke on Sunday was at an alarming level, because aside from public health, it also disrupted air transportation, which requires visibility of around 5,000 meters to 8,000 meters.

"This morning, I received a report that vertical visibility from the air to the runway was only around 300 meters. That is dangerous," he explained.

However, Polonia airport chief Col. Adi Supranto said there had been no delays in the flight schedules, with a total of 150 arriving and departing flights. Several airplanes, however, had their lights on when taking off.

On the street, people complained about the choking haze. "My eyes are very sore and I can't breathe very well," said Rosmawati, who was riding a motorcycle on Sunday morning.

Firman suggested that people stay indoors for safety reasons. Breathing too much of the smoke can be dangerous due to the carbon monoxide content.

"But don't worry too much because the haze won't last long. There will be rains in the upcoming months, although not evenly," he reassured people.

Meanwhile, Antara reported that the thick haze had blanketed Pontianak since Saturday morning, prompting many people to wear masks or scarves over their faces. Many others, however, were not taking any precautionary measures, saying that they had gotten used to the annual occurrence.

The West Kalimantan Environmental Impact Control Agency, meanwhile, asked residents to wear masks. The agency has forecast that there would be only 15 days of rain this month in the province, and that would not be sufficient in clearing the air and dowsing all the hot spots.

Forest fires has become an annual occurrence in the past few years as farmers, plantation owners and miners have developed a habit of burning large swathes of forest to clear land.

This year, the areas hardest hit by such fires were reportedly located in the Padang Lawas forest near Lake Toba in North Sumatra. In Riau, hot spots have mostly been detected in and around the Rokan Hulu region.

Meanwhile in Rokan Hilir regency in Riau, forest fires in the past 10 days have spread and are currently burning areas of scrub brush, dangerously close to oil wells and pipes, which one official warned could explode.

The head of Bagan Siapi-api Forestry Agency Indra Putramayana said that the flames were getting bigger along the roads leading to North Sumatra near the oil field managed and operated by PT Caltex Pacific Indonesia.

So far, the total number of hotspots in Rokan Hilir was reported to be 267, increasing from a total of 200 hot spots on Friday.

"We have discovered a fire at an oil well. But it's difficult to extinguish it completely with the combination of a huge blaze, hard wind and dry land, as well as limited equipment and human resources," Indra said, while adding that a team of around 100 firemen from local, provincial and neighboring regencies had been working to extinguish the fire, but to no avail.

He suggested that the government step up efforts create artificial rain, and also urged the government and Caltex to assist the firefighters in putting out the fires.

Environmentalists criticize draft ruling on forest use

Jakarta Post - August 13, 2005

Jakarta -- Environmentalists have criticized a draft presidential regulation on forest use as not providing protection for forests because of its outright "pro-business agenda".

Friends of the Earth Indonesia executive director Chalid Muhammad said that the draft regulation did nothing to prevent further deforestation.

"If anything, the draft makes it easier for firms to exploit and destroy forests," said Chalid on Thursday. "This is proof that the government is kowtowing to the interests of big investors," he said.

The draft regulation, a copy of which has been obtained by The Jakarta Post, specifies the procedures needed for obtaining a permit to conduct certain "strategic" and "public service" activities in forests. The activities will only be allowed in areas designated as protected or production forests.

The activities covered by the draft include mining, oil and gas exploitation, electricity generation, construction of roads, tollways and railways, laying of water pipes, building of telecommunications facilities, erection of television and radio facilities, and military use.

Although the draft regulation explicitly states that a forest cannot be reclassified as a non-forest area to accommodate these activities, Chalid criticized this provision as meaningless.

"The environmental functions of the affected forests will still be altered no matter what their designation," he said.

Mining Advocacy Network coordinator Siti Maimunah said that the draft regulation was clearly aimed at attracting more investors, especially in the mining and oil and gas sectors.

"The regulation is the government's way of getting quick cash," she said. "It will accelerate the exploitation of resources." The draft regulation would allow firms to obtain renewable 10-year permits for mineral, oil and gas prospecting. Open-pit mining would be prohibited in protected forests, but would be allowed in certain production forests.

Meanwhile, the allocation of forest land for the construction of electricity, telecommunications and water infrastructure, and for those activities designated as public services, would be allowed for the duration of the activities.

Those who obtain permits to conduct activities would be required to compensate through planting of new forest areas of up to twice the size of the affected area.

Maimunah said that the compensation requirement was meaningless.

"If a forest is destroyed in one area, its functions cannot be replaced in another area," she said.

Government moves against firms responsible for fires

Jakarta Post - August 13, 2005

Jakarta/Medan -- The authorities say they are trying to identify companies responsible for the current forest fires in the Sumatra region which have caused choking haze in neighboring Malaysia.

A joint team comprising staff from the Ministry of Forestry and police officers flew on a chartered airplane on Thursday night to a number of areas in North Sumatra to investigate the forest fires there, particularly in the protected Padang Lawas forest, South Tapanuli.

Minister of Forestry Malam Sambat Kaban said on Friday in the North Sumatra capital city of Medan that the team, led by Luhut Sihombing from the Natural Resources Conservation Agency, has found several hot spots in the province and on the border with Riau province.

Kaban said there were indications that the forest fires in North Sumatra were deliberately lit by companies for land clearing purposes. Around the Padang Lawas forest, for instance, there are areas that have been planted with oil palms.

Acrid haze continued to blanket parts of Malaysia on Friday, blown by winds from forest fires in North Sumatra and Riau. Many of the fires were believed to have been set by farmers, plantation owners and miners trying to clear land. Hot, dry weather was also a major factor contributing to the blazes.

The areas hardest hit by fires are Padang Lawas forest, around Lake Toba in Simalungun regency, and Labuhan Batu, Mandailing Natal and Karo regencies. In Riau, meanwhile, hot spots have mostly been detected in the Rokan Hulu region.

Data from the Meteorology and Geophysics Agency (BMG) in Polonia, Medan, showed a total of 547 hot spots were found across North Sumatra and Riau.

Concerned with the haze problems, President Susilo Bambang Yudhoyono has discussed the issue with Malaysian Prime Minister Abdullah Badawi. "The President is very concerned as the haze has disrupted activities on the Malaysian peninsula as well as flights in Kuala Lumpur," said presidential spokesman Dino Patti Djalal.

"Firm action will be taken against those responsible," he said But taking action against big companies operating in forest areas may be easier said than done.

Head of North Sumatra Forestry Office Prie Supriadi said that the Office has yet to be able to identify the responsible parties for the forest fires, particularly at Padang Lawas, as a large number of companies operate there.

"It's difficult for us to catch who did it because there is no evidence," Prie told The Jakarta Post.

Meanwhile, Minister of Foreign Affairs spokesman Marty Natalegawa said that the government hoped member states of the Association of Southeast Asian Nation (ASEAN) would support efforts to deal with the forest fire crisis.

"Governments of Indonesia and Malaysia are coordinating to overcome the haze problems. I'm sure other members of ASEAN are concerned with these problems and eager to help," Marty told reporters on Friday.

Regional cooperation in this case is very useful, he added, in increasing Indonesia's national capacity in preventing the forest fires in the long term.

ASEAN actually has a coordination mechanism through the ASEAN Agreement on Transboundary Haze Pollution that has been in place since Nov. 25, 2003.

The agreement, Marty said, has been ratified by six ASEAN member countries: Malaysia, Singapore, Thailand, Brunei, Myanmar and Vietnam. Indonesia, on the other hand, has signed the agreement but has yet to ratify it.

"The ratification process has been going on for quite a long time. It might be submitted to the House of Representatives in the near future," he said.

Environmental audit improper, untimely: industry

Jakarta Post - August 10, 2005

Zakki P. Hakim, Jakarta -- Industry players slammed the government for requiring local factories to comply with environmental regulations that exceed the current capabilities of the firms.

"Better environmental management requires more sophisticated and more expensive machinery and equipment, local firms can't afford at the moment," Achmad Safiun, chairman of the Federation of Indonesian Metalworking and Machine Industry Associations (GAMMA), said on Tuesday.

His comment came following Monday's announcement of a 2004-2005 government environmental audit conducted on 466 selected firms. The audit shows that 150 of the firms had been given "red labels" and 72 had been issued with "black labels" for not doing enough in terms of environmental management.

Safiun said the government should first assist or direct the firms to acquire better technology before requiring them to comply with stricter environmental standards.

PT Pfizer Indonesia's director of public affairs, Daisy K. Primayanti, told The Jakarta Post that the multinational pharmaceutical firm was concerned with the audit results, considering that it had been very strict and serious about its environmental management.

"It's a red mark that will certainly affect our corporate image," said Daisy, whose firm received a red label this year. She argued that Pfizer had been given the red label as the firm had been given very little time to comply with changes in the technical requirements.

She said the firm supported the idea of improving environmental management but expected the government to employ better methods of disseminating information on environmental regulations.

Daisy said foreign firms were familiar with environmental standards and terminology, which was not the case with local companies. "Local firms certainly need time to change their paradigms and I believe that it will not be a cheap investment."

On Monday, State Minister of the Environment Rachmat Witoelar revealed that 14 firms, mostly manufacturers in the textile, paper and steel sectors, had already received two black labels and that the government would give them one month to improve their performance or they would be taken to court. He said the black label firms would not be prosecuted if they at least showed concrete measures or steps that would be taken to improve matters, although they would remain in the "black" category.

Separately, Minister of Industry Andung A. Nitimihardja said the government would ensure that factories in the future be located in industrial zones with waste treatment facilities, which would enable firms to be more economical and efficient in managing their waste.

"Industries must grow, but their compliance with environmental standards must follow suit. We don't want to see industry players neglect the environment," he told reporters.

Furthermore, the industry ministry's director general of metal, machine, textile and miscellaneous industries, Ansari Bukhari, said that many manufacturers were classified as having poor environmental management as the regulations had developed faster than the firms.

He said, however, that the government expected black-label firms, especially those producing toxic waste, to at least inform the government about where they were disposing of their waste.

He quickly added that he needed to meet officials from the Office of the State Minister for the Environment to determine what action could be taken by the industry ministry against the firms.

The Corporate Environmental Management Assessment Program (PROPER) was first started in 1995 before the government suspended it in 1997, citing economic and political constraints. The program was resumed in 2002.

PROPER uses a color-coded system to categorize companies -- gold, green, blue, red and black -- with gold indicating exemplary environmental performance and black a substandard performance.

US miner on trial in Indonesia

Asia Times - August 9, 2005

Bill Guerin, Jakarta -- Less than two weeks after the US Agency for International Development (USAID) announced a $20 million program of assistance to help improve Indonesia's legal system, a 55-year-old American stands in the dock of a district court in the remote North Sulawesi province, 1,300 miles northeast of Jakarta, and could be jailed.

Richard Ness is chief executive of Newmont Minahasa Raya (NMR), a local subsidiary of US-based Newmont Mining Corporation, the world's largest gold producer. NMR is accused by state prosecutors of dumping toxic waste in the waters of the province's Buyat Bay, causing pollution and health disorders within the local community. The high-profile trial could last several weeks, according to lawyers, and if convicted, Ness could face up to 10 years in jail and a US$50,000 fine. NMR could be fined up to $50,000 and forced to pay for any proven environmental damage.

The indictment was read out on Friday. State prosecutor Robert Ilat said forensic evidence submitted to the court would show that pollution took place. A second hearing has been set for August 19, when the defense will present its case. An unfazed Ness says a "fair, open and transparent hearing of the facts" at the trial will prove that Newmont has done nothing wrong. "I am very confident about what the evidence shows. We will be exonerated." Wayne Murdy, chief executive of Newmont, points out that the company has never before faced criminal charges in any country. Indonesia accounts for 30% of Newmont's net income.

Environment Minister Rachmat Witolear has said he had the full support of President Susilo Bambang Yudhoyono and the rest of the government to go to court. Environmentalists have saluted the decision and said the trial is an opportunity to hold a foreign mining company accountable for bypassing, even ignoring, environmental laws.

Apart from the North Sulawesi operation, a site being explored by Newmont in Sumatra could hold up to 3 million ounces of gold, but the company's only working mine in Indonesia at present is in Batu Hijau in West Sumbawa province, where copper and gold reserves are expected to last until 2033.

No ordinary judges

Ness is charged under environmental laws that make it a criminal offense to intentionally or negligently engage in acts that result in pollution. Much of the case for the prosecution centers on interpretations of environmental tests. Witolear has been quoted as saying, "We will produce the best professional experts in the field."

Julianna Wullur, who is head of the district court in Manado, was one of two judges replaced by the Supreme Court before the criminal trial started last Friday. Both judges were forced to step down on the grounds that they were not qualified to determine decisions in environmental cases. "I have taken several courses on environmental issues and taken part in several seminars on the topic, but unfortunately I do not have the required certificate," she told local media.

Forensic matters muddy the waters

Newmont stopped mining two years ago at its Sulawesi site after extracting all the gold possible, but continued processing ore there until August 2004, when the mine was permanently shut down. The mine was the first in Indonesia to use a submarine tailings disposal (STD) method. Environmental NGOs in Indonesia have consistently blamed this system -- banned in the US and Canada because of its harmful environmental and health impacts -- for pollution of the nearby seabed with mercury and arsenic.

Their claims have been endorsed by Witoelar, who stated that waste from the mine caused arsenic levels in the seabed to rise to as much as 10 times greater than the levels allowed in the US. Newmont has denied the charges, saying its practices had approval from the government and its waste-disposal processes are within legal limits. It says toxins were disposed of safely and that levels of mercury and arsenic found around the mine were well within acceptable levels. The company says the results of measuring and monitoring arsenic levels were forwarded to the government on a quarterly basis.

Studies of the water around Buyat Bay have produced differing results. Villagers living near the mine complained of health problems to police last July after eating fish from the bay. But both the World Health Organization and an initial Environment Ministry report deemed the water unpolluted. A government- commissioned study released in May found that heavy metal traces in villagers living close to the mine were within normal levels, though slightly higher than those living farther away, but a Ministry of Health report concluded that the illnesses displayed by people living on Buyat Bay showed no relation to the mine's actions.

Robert Gallagher, Newmont's second in command in Indonesia, said, "There has been no crime committed. The facts show there is no pollution and Newmont has not negatively impacted the water or the fish, nor caused harm to the people."

Villagers may lose out

The government has also filed a civil lawsuit against Newmont, seeking $130 million in damages, but the company says it has refused to participate in any negotiations out of court to force it to pay out to local villagers. Villagers say the afflictions were caused by mercury from the mine tailings. Yet Newmont, like most other international mining companies, never uses mercury in its gold processing. The alleged victims have shown only skin disorders (a common affliction in North Sulawesi) and none have claimed or have been shown to suffer from any of the classic symptoms associated with mercury poisoning.

Lead lawyer for the defense, Luhut Pangaribuan, insists that the company will not pay compensation to the villagers. "Our position is clear, we have done nothing wrong, and so what is there to compensate for?" Newmont has fought back with several suits of its own. Last week another court ordered environmental activist Rinolda Jamaludin to pay the company $750,000, after finding him guilty of spreading false allegations about Newmont's mining activities.

Impact on foreign investors

Will prospects for investment be harmed by the case? Although Indonesia has the world's largest deposits of tin and copper, investment in the country's mining sector has declined dramatically since 1997, when $2.6 billion of new investment was made. After that, investment gradually slowed to a trickle. In 2003 it was a paltry $12 million, and last year was up to $177 million, still a low figure. The Fraser Institute, a Canadian think tank, lists Indonesia as sixth in the world for geologic potential, but fourth worst in the world in terms of mining incentives. PricewaterhouseCoopers (PwC) says that if the investment climate in the mining sector improves, Indonesia has the potential to become a world-class mining country.

Whatever the eventual verdict, Jakarta's determination to press charges and pursue the suit has cast another shadow over the country's perceived readiness as an attractive place for investment. The trial focuses attention on the negative impact that both the weaknesses in the country's legal system and the activities of Western-funded environmental activists can have on foreign investors. It comes at a time when the entire legal system, widely seen as an impediment to investment and growth, is under intense scrutiny. There is clearly a risk of further spooking those investors who shy off because of the reputation of Indonesia's legal system as being inefficient and corrupt, leading to lack of transparency and unpredictable court decisions. Foreign funding of NGOs also promotes an allegedly anti-mining agenda in developing countries like Indonesia, according to some analysts.

Anti-mining forces

Don D'Cruz from the Institute of Public Affairs (IPA), an Australian think tank, points out that local NGOs in developing countries get much of their funding from Western sources, such as government development agencies and large charities. An IPA report claims that NMR, like most foreign-owned mining ventures in Indonesia, has been the target of global anti-mining campaigns that work with, and fund local NGOs. IPA says such foreign backing often results in projects being blocked, costing vital jobs and further deterring investment.

Indonesia's biggest environmental lobby group, Walhi (Friends of the Earth Indonesia), and Jatam (Mining Advocacy Network) have led the campaign against Newmont. "If companies follow environment requirements and are concerned about the environment, they won't have to worry," said Raja Siregar from Wahli. "But if they don't, they will face a problem in future."

Five other Newmont executives -- an American, an Australian and three Indonesians -- were detained for 32 days in a police lockup before being released in late October, drawing a swift and testy response from the US embassy in Jakarta. A statement from the embassy said the detentions were unnecessary, and warned that the government's handling of the NMR case would put off investors. William Frej, Indonesia mission director for the US Agency for International Development (USAID), said last week that more American businesses would have invested in Indonesia if there were a better court system, and "the capacity of the court system at this point [in] time does preclude the total involvement of the US private sector". Yet, in its published list of grants, USAID records that Walhi was given almost $745,000 in 1999 and another $350,000 the following year.

Wider risks

Comments by Australia's attorney general Philip Ruddock suggest that there could be a much wider dimension to the case. Ruddock said he had raised concerns about the lawsuit and criminal charges with five top-level Indonesian government ministers who made an official visit to Canberra earlier in the year. "What we're concerned about -- and I think Indonesia understands this well -- is that if you're going to have investment from abroad in important projects that are going to help with the development of Indonesia, you need to have it occurring in an environment which is conducive to investment," he told the Nine television network.

Ness echoes these sentiments. "I think what they [the international business community and the domestic business community] are really worrying about is the rule of law; how it relates to due process; and I think they are so far astounded this case has gotten this far." In response to concerns about investor confidence, Witoelar told reporters that the president himself guaranteed that companies that managed their operations well would be protected. "We welcome the honest ones," he said. "There is no need for the crooked ones."

[Bill Guerin, a Jakarta correspondent for Asia Times Online since 2000, has worked in Indonesia for 20 years as a journalist. He has been published by the BBC on East Timor and specializes in business/economic and political analysis of Indonesia.]

 Islam/religion

Government rejects MUI's demand to ban Ahmadiyah

Jakarta Post - August 11, 2005

Muninggar Sri Saraswati, Jakarta -- The government will not ban the teachings of the Indonesian Ahmadiyah Congregation (JAI) nor dissolve the group, but will let the government-sanctioned Indonesia Ulema Council (MUI) decide whether it will file such a request with the court, a senior minister says.

Coordinating Minister for People's Welfare Alwi Shihab said on Wednesday that the government continued to acknowledge a government decree issued in 1980, which allows Ahmadiyah followers to implement the teachings among themselves, but bans them from disseminating them.

"The government has decided to let the judiciary have the final say on this issue," he said after attending a ceremony at the State Palace.

According to Alwi, the government arrived at its stance during a recent ministerial meeting on political affairs.

Thousands of people attacked last month the JAI campus in Parung, Bogor, West Java.

The attackers, from a group calling itself the Indonesian Muslim Solidarity group, have publicly admitted that they were motivated by a controversial fatwa issued in 1980 by the MUI, which banned the group as it does not recognize Muhammad as the last prophet.

The MUI recently upheld the edict during a national meeting in Jakarta, asking the government to ban the teachings of Ahmadiyah and the group.

Several Muslim leaders, including those from Muhammadiyah and Nahdlatul Ulama (NU), the country's two largest Muslim organizations, have condemned the attack. They said faith differences should not be resolved with violence. Some have even criticized the MUI for issuing such a controversial edict, which is not legally binding.

Acts of intimidation and aggression against religious groups or individuals by "other devotees" have been increasing in number over the past few years.

Experts have called on the government to act swiftly to protect the people's right to freely follow their religion. Some have suggested the government also acknowledge other religions and beliefs outside the existing five recognized by the state under the Constitution.

But Alwi said that the government would allow the MUI to seek the court's ruling if it wanted to ban Ahmadiyah.

Ahmadiyah was established in Pakistan in the 19th century by Mirza Gulam Ahmad. Its followers believe that he was a prophet who came after the Prophet Muhammad.

Ahmadiyah is little known in Indonesia. It did not take root in the country until the 1980s. There are an estimated 200,000 followers in the country.

Preachers told to support controversial MUI edicts

Jakarta Post - August 8, 2005

Jakarta -- Despite the ongoing controversy surrounding the Indonesian Ulema Council (MUI)'s edicts against secularism, pluralism and liberalism, the Indonesian Council for Islamic Propagation (DDII) will fully support the MUI in its "war on deviant thoughts", a top preacher said on Sunday.

DDII leader Cholil Ridwan, who is also one of MUI's 11 executives, said the propagation council would ask thousands of preachers under its supervision nationwide to use their sermons during Friday prayers to spread the edicts.

"People who are against the edicts are munafikin (hypocrites) and are more dangerous than kafir (infidels), since they attack from inside Islam," he said over the weekend at a forum on the edicts.

Despite DDII's influential role, a preacher does not need a license from the group to preach.

Cholil said the MUI and DDII saw no need for further discussion on the edicts.

"We do not need further dialog, what we need to do is spread the edicts to everybody in Indonesia," he said. "We are tired of talking." He defended MUI's actions, citing several Christian groups that issued similar guidelines against secularism and pluralism.

"In this respect, the issuance of the MUI edicts is a bit late," he said.

The MUI issued 11 edicts during its congress last month, including one that bans pluralism, which it defined as a principle that considers all religions equally valid, with heaven comprising people of different faiths.

Throughout the three-hour forum, Cholil, who also heads the Indonesian Pesantren Cooperative Board, referred to secularism, pluralism and liberalism by the acronym Sipilis, which is also the Indonesian word for the sexually transmitted disease syphilis.

"We have to vaccinate our congregation to prevent them from this sipilis virus," he said. "People who follow these deviations should no longer call themselves Muslims." During the forum, he singled out the Islamic Liberal Network (JIL), which has often criticized the MUI, as being heretical and urged those in attendance to spread a handout he had prepared.

"Copy this and hand it out to people so everybody knows that these (JIL) are the people who are against MUI's edicts," he said.

The handout consisted of copies of media clippings, including a newspaper article on calls to dismantle the JIL and a letter that accuses JIL members of drinking alcohol, not praying properly and approving of premarital sex.

Some of those in attendance said that even though the edicts were not legally binding, they were prepared to follow them.

"The ulema are our religious leaders, if they have declared something as forbidden, then we will follow. I do not want anyone in my congregation to be contaminated by those thoughts," said Mujahidin, who preaches at a mosque in Depok, West Java.

The country's largest Muslim organization, Nahdlatul Ulama, was the latest group to criticize the MUI over its edicts, saying the council had failed to take into account the diversity and plurality of Indonesian society.

 Opinion & analysis

Government policy in Papua must be consistent

Jakarta Post - August 8, 2005

Israr Iskandar, Jakarta -- Indonesian leaders were quite disturbed on hearing that two members of the US House of Representatives had questioned the status of Papua within the Unitary State of the Republic of Indonesia (NKRI). Under Bill No. 2601, the US House cast doubt on the effectiveness of Papua's special autonomy and disputed the presence of this territory within NKRI. They even broadened the focus, describing as unfair the Act of Free Choice (plebiscite) that took place in 1969.

The Indonesian government should avoid panic in facing such maneuvers in the US congress. The government take a stance and act against the internationalization of Papuan problems. Papuan issues are Indonesian domestic matters, meaning that no foreign citizens or countries have the right to interfere. Foreign intervention in Indonesia's internal affairs is equivalent to encroachment on sovereignty.

Nonetheless, the US maneuver cannot be taken lightly, either. The government should take the opportunity to seek a comprehensive settlement of outstanding problems in Papua. The sensitivity and sincerity of Jakarta towards this issue at the present stage is badly needed. The government has a great deal of unfinished homework in Papua, and extra attention is required.

Above all, putting off settlement of Papua's problems means a delay in this region's development, and accelerated development is imperative. Though abundant in natural resources, Papua has been left far behind other regions in Indonesia. It is faced with crucial political, social, economic, cultural and security problems. Furthermore, suspending the handling of Papuan quandaries also increases the government's burden in resolving the plethora of other critical issues.

From the beginning, the government has sought solutions to the problems in Papua, but the quest has been neither consistent nor comprehensive. Instead of creating an atmosphere conducive to settlement, the government has left Papua trapped in a protracted crisis, marked by not only separatism, but also human rights abuse and many other forms of violence.

There were high expectations for change in Papua when the government introduced Law No. 21/2001 on special autonomy (Otsus) for the province. In socio-cultural terms, the Otsus law was seen as affirmative action favoring indigenous Papuans of Melanesian extraction over migrants from outside Papua. Politically, many believed at that time that conflicts -- particularly those connected with separatist aspirations -- would dissipate as most of their political goals were accommodated under the law.

In reality, however, Papuans' expectations remained unsettled. The trouble again came from policymakers in Jakarta with the support of orthodox nationalists. The government as initiator of Otsus was regarded as inconsistent in its own commitments. For over four years Papua's fate was uncertain. In fact, Otsus was originally meant not only to resolve conflicts but also to serve as the starting point for accelerating Papua's development.

Various new cases later appeared, with political conflicts, violence, rights infringements and poverty continuing to engulf Papua. One of the latest sources of conflict in Papua is the plan for direct regional elections in West Irian Jaya, which again indicates Jakarta's inconsistency.

In actual fact, regional elections in West Irian Jaya should have been carried out after the formation of the Papuan People's Assembly (MRP). As stipulated by the Otsus law, this body must come first.

All political matters in Papua should refer to the Otsus law, which is the legal umbrella for the region's overall implementation of decentralization. It is difficult to understand why the government has been so ambivalent. Unless a remedy is found soon, more complicated problems will arise, thus prolonging the political crisis in Papua and attracting even more unwelcome external "attention".

The public still remembers President Susilo Bambang Yudhoyono's promise for dialogue with the Papuan people several months ago to put Otsus into consistent operation. But the long-drawn-out controversy over West Irian Jaya, without heed to the non- existence of the MRP, is an obvious reflection of the government's policy inconsistency.

The primary solution to the Papuan problem is first of all realization of the Otsus law and the establishment of the MRP. Only thereafter should Papua's democratization be initiated, including direct regional elections. Why MRP? The empowerment of Papua should start with the fostering of its cultural society as mirrored in the institution of the MRP. The question is now is how to promptly set up the MRP in a transparent, fair and democratic fashion, without in any way denying Papuans their democratic rights.

In future, there should be no more "rubber band policies" for Papua, which only serve as invitation for foreign "concern" (i.e. involvement). The government should be consistent with its own policies. Any inconsistency, as is happening at the present, will only reduce the confidence of Papuan people and the world in the Indonesian government. The authority of the government and the cohesion of the Indonesian state are therefore at stake.

[The writer is a researcher from the Center for Indonesian Regional and Urban Studies (CIRUS), Jakarta.]

Up in smoke

Jakarta Post Editorial - August 13, 2005

How often we are reminded. How quickly we forget. Like a recurring bad dream that is cyclical in nature, nations in Southeast Asia are again clouded by thick haze from out-of- control wildfires in Indonesia.

Neighboring Malaysia has declared a state of emergency after the air pollution index rose to hazardous levels in its major cities. Already, reports are coming in of families exiting Kuala Lumpur to get away from the all-enveloping haze.

The Meteorology and Geophysics Agency in North Sumatra fears that given predicted weather conditions, the fires could continue until the end of this month. The agency has found nearly 550 hot spots in plantations and forests in North Sumatra and Riau.

Given the size of this archipelago and the immenseness of its forests, the occurrence of such fires is inevitable. But the scale of the conflagrations over the past few years can only lead us to conclude that they are the consequence of environmental recklessness and bad management.

Too often the fires have been the result of land clearing by either farmers or speculators. While slash-and-burn agriculture is common among the indigenous populations, these fires can spread uncontrollably in dry conditions.

Since the major forests fires of 1997 and 1998, which created a region-wide crisis, various mechanisms and high profile meetings have been held to set up a joint mechanism to manage such catastrophes and provide early warning.

The repeated recurrence of fires proves that much of these efforts simply don't work, or more precisely, haven't been made to work.

Once the fires are out, the focus and resolve of governments, especially ours, seem to immediately dissipate.

It is sad to say that the series of much-touted initiatives has amounted to little more than grandstanding to temporarily appease those affected by the haze.

Given that the fires seem to occur in a cyclical manner -- during the hot dry season -- such dangers should be anticipated through stronger monitoring mechanisms.

Five hundred hot spots don't just appear overnight. A large number could have been prevented with the proper tools and commitment.

Meanwhile officials persist with the same old platitudes: "Better coordination is needed," or "We will discuss the matter with local officials." These are not comforting words for the asthma sufferer who's coughing his lungs out, or the hawker whose business has plummeted because his customers dare not venture out.

Indonesian Minister of Forestry M.S. Kaban was right to apologize to his Malaysian counterparts. This country is culpable of poisoning the people of Southeast Asia.

What's needed now is a progressive action plan and the allocation of resources in a way that is carried out irrespective of whether the fires are burning or not.

This country has gone through five governments since the major haze problem of the late 1990s, and there has been no improvement to date. The Indonesian government should be bold enough to admit its incompetence and concede that without international aid it will be unable to prevent or properly deal with wildfires in the future.

Papua at risk of becoming another Aceh

Straits Times - August 12, 2005

John McBeth, Jakarta -- Indonesian officials can be excused for feeling just a little outraged over the US House of Representatives passing legislation that implicitly questions the status of the resource-rich province of Papua.

Even if the provisions relating to Papua in the House 2006-2007 Foreign Relations Authorisation Act are quick to make clear that 'the US supports the territorial integrity of Indonesia', there can hardly be a clearer case of interference in another country's internal affairs.

The section calls on the US secretary of state to submit to Congress a report detailing the extent to which the Indonesian government has implemented special autonomy for Papua, including whether the territory has enjoyed an increase in revenue allocations and decision-making authority.

The Bill is serving as a rude wake-up call for an Indonesian government that has done virtually nothing to implement the 2001 Special Autonomy Law for Papua -- intended to allocate a greater share of revenues and more decision-making authority to the provincial administration.

The latter piece of legislation has been undermined by conflicting legal directives, which have now divided the region into two separate provinces -- Papua and West Irian Jaya -- without the required consent of the provincial authorities.

Listen to the call of Papuan Tribal Council secretary Fadel Al- Hamid as officials began to digest the fallout from the US Bill. 'The signs are clear,' he told Jakarta. 'Don't take us for granted. If the government wants to rule on anything concerning Papua, involve us and hear our opinion. Have respect for us.'

It is a call that has long been ignored. Even if the US legislation is watered down in subsequent conference negotiations between the House and the Senate -- and the Indonesians are moving swiftly with their lobbying efforts to try to make that happen -- it has achieved something that has never been done before: It has, after years of trying, elevated the issue to a level of institutional expression on the international stage that forces Jakarta to pay attention.

For decades, particularly during the 32-year rule of Suharto, the central government was accused of plundering the rich natural resources of the largely road-less province while ignoring economic development and glossing over human rights abuses.

Papua is 1 1/2 times larger than the overcrowded island of Java with a population of only two million, half of them living in the rugged central highlands.

Recently, leaders of the tribal council met a sympathetic Vice- President Jusuf Kalla, the architect of the Aceh peace accord, seeking a re-evaluation of government policy towards Papua -- one of a string of similar demands that have so far fallen on deaf ears.

Said Mr La Ode Ida, a member of the Regional Representatives Council, Indonesia's Upper House: 'The government has ignored all requests for a national dialogue with Papuans on ongoing economic injustice and poor law enforcement. Are we going to wait until we have another Aceh?'

Wake-up call

If Jakarta fails to respond by Monday, the council has threatened to symbolically hand back special autonomy to the central government -- a move which would further fuel international debate and embarrass President Susilo Bambang Yudhoyono on the day the government is due to sign a peace accord with the Free Aceh Movement in Helsinki.

'This is definitely a wake-up call,' said Mr Marzuki Darusman, a member of the House commission for security and international affairs. 'The most urgent thing is for the government to instil a sense of fairness and justice among the Papuan people.'

The Papua provision in the US Bill was championed by non-voting American Samoa congressional delegate Eni Faleomavaega, who relied on the crucial backing of New Jersey Democrat Donald Payne, an influential member of the congressional Black Caucus. Bipartisan support also came from two House heavyweights - Mr Henry Hyde, the Republican chairman of the House International Relations Committee, and his Iowa colleague Jim Leach, chairman of the Asia and Pacific affairs sub-committee.

Mr Faleomavaega told the House last month that the special autonomy law 'is worth nothing but the paper it is written on -- a sham, a complete farce'.

He pointed to four key measures which have yet to be implemented, including the failure so far to form a Papua People's Council. 'We cannot allow the repeat of history,' he said. 'Rather, we must work to ensure that the central government acts in concert with the needs of the indigenous people of Papua.'

Although the Bill recognises the 'remarkable' progress Indonesia has made in democratisation and decentralisation, it has harsh words for the track record of successive Indonesian governments on Papua.

'While the US supports the territorial integrity of Indonesia,' it says, 'Indonesia's historical reliance on force for the maintenance of control has been counterproductive, and long- standing abuses by security forces have galvanised independence sentiments among many Papuans.'

However, by calling into question the 1969 Act of Free Choice, the United Nations-supervised plebiscite in which 1,025 hand- picked Papuan elders voted unanimously to join Indonesia, the Bill appears to be taking a contradictory stance on the issue of Indonesian sovereignty. Why else, for example, does the legislation specifically call on the secretary of state to provide an analysis of the plebiscite within the next 180 days? And what will be done with it?

The provisions which are more understandable are those with a distinct human-rights orientation:

  • Those which compel the secretary to provide assessments of the extent to which Papua has enjoyed an increase in decision-making authority.
  • The access provided to the press and non-governmental organisations.
  • The role played by local civil society groups in governance.
  • The force levels and conduct of the Indonesian security forces in the province.

Vanishing revenues

Revenue distribution between Jakarta and the province is probably the main bone of contention.

Thanks to sustained high mineral prices, Papua-based copper and gold miner Freeport Indonesia is expected to pay taxes and royalties of nearly US$1 billion (S$1.65 billion) to the central government this year, three times more than normal.

Yet under current laws, barely US$65 million will go to Papua. And even then, there are serious doubts that the province will get the full amount from the notoriously tight-fisted finance ministry.

Papuan leaders have long complained that the government spends more time and money on security than trying to address the root causes of long-simmering unrest, which human-rights groups claim has cost the lives of 100,000 Papuans over the past three decades.

The military is currently raising a third army strategic reserve division to be headquartered in the West Irian Jaya port city of Sorong. The other two divisions, which form the backbone of the army's combat force, have their headquarters in East Java and Jakarta.

Western military sources say there are currently only 5,000 troops in Papua, including four non-organic battalions along the Papua New Guinea border, compared with 30,000 in westernmost Aceh.

But the main point of concern is that most of the recruits for the second of two brigades will reportedly come from South Sulawesi- a predominantly Muslim province -- who will be deployed in an area where there is now a delicate balance between Muslim settlers and an indigenous Papuan population made up mostly of Christians.

Although not linked by road, Sorong is the logistics centre for petroleum company BP's new Tangguh gasfield, which will add significantly to West Irian Jaya's coffers when it goes into production in 2008.

At least one of the new division's infantry battalions will be stationed in Timika, the sprawling town on Papua's southern coast that relies on the nearby Freeport mine for its sustenance. Troops have been guarding the operation since the mid-1990s.

The navy also recently announced plans to create a third fleet based out of Sorong, part of a major shake-up of its forces which will see the Jakarta-based western fleet moving to Sumatra's Riau province and the eastern fleet shifting its headquarters from the East Java port city of Surabaya to Makassar.

But the move, part of an overall government strategy to secure Indonesia's natural resources and strengthen its sovereignty over the far-flung reaches of the archipelago, worries critics.

As with the separatist struggle in Aceh, half-hearted policies dependent on a security approach, and without political will and concerted inter-departmental coordination, have never solved anything. They only make the situation worse.

Devolving power to regions as peace building initiative

Jakarta Post - August 11, 2005

Aguswandi, Jakarta -- A greater devolution of power to the regions in Indonesia than that accommodated by present autonomy law provisions should be an option in peace building.

In order to solve the conflict in Aceh, the road map for peace demands a radical change in the power relationship between the center (Jakarta) and the periphery (Aceh). However, a significant challenge remains. That is, how to redefine the current notion of Indonesian nationalism, as articulated through a centralist nation state.

There will still be difficulties implementing the Aceh peace accord after it is signed on Aug. 15. This will not be because the devolution of power through Acehnese self government discussed between GAM and the Indonesian government is unworkable, but because it is still unimaginable for dogmatic, orthodox nationalist Indonesians.

A dangerous myth about a wider devolution process in Indonesia has been conjured. Dogmatists continue to say that greater power for the regions, like Aceh, is a zero sum game (any gains for the regions must be a loss for the centre). According to them, it will create a weaker state, due to the loss of the central government's control over the regions.

To add potency to the myth, to instill fear, these nationalists are saying that greater devolution may spill over to other regions, that it may put Aceh in a position to follow in the steps of East Timor and may eventually lead to the "balkanization" of Indonesia. According to their logic, we must reject the accord, not because we reject peace, but because we reject the possibility of weakening and breaking up Indonesia.

The rejection of the formation of local political parties needs to be seen within this framework. The dissenters' argument is that establishing local political parties will encourage separatism. Local political parties will inadvertently put the interest of the regions and ethnicity above national interests.

This is a dangerous and unnecessary myth given Jakarta's new- found political will to resolve the Acehnese conflict peacefully and democratically.

This myth, however, cannot be further from the truth. The truth is, it is this centralistic construction of Indonesian nationalism which is the fount of bitterness in the regions. Prolonged, unequal and unjust policies have led to demands to break away from Indonesia. One can argue that it is the current centralist structure, where power is held by only a few in Jakarta that is more likely to lead to the balkanization of Indonesia.

This is certainly the case in Aceh. Pro-independence sentiments emerged as a reaction to the emerging centralistic character of the Indonesian state. In the 1950s, the present leader of GAM, Hasan Di Tiro, wrote a book called Democracy for Indonesia. In his simplistic argument he attacked the still-standing structure of the Indonesian state for oppressing minorities outside Java.

He argued that an Indonesian ethno-federal state within the framework of the unitary state of Indonesia was essential if any power sharing between Jakarta and the regions were to work. Regardless of our view of Di Tiro's argument, it reflected early and ongoing problems with the unequal relationship between Jakarta and the regions that we still see today.

Regarding the centralist argument that local political parties can encourage ethnic conflict, this is a denial of reality. Ethnic conflict and regionalist sentiments are long present in Indonesia, thanks in large part to the neglect of local problems by Jakarta. The establishment of political parties is in fact a better strategy. If local concerns can be institutionalized as part of the political structures and process, ethnic groups and their aspirations take their voice and integrate it into the democratic process, instead of bottling it up, where it becomes just a matter of time before it leads to social conflict and political violence.

The establishment of local political parties and allowing independent candidates to stand can also create healthy competition between nationally and locally based parties. This pushes parties to connect with their constituents. It also opens up opportunities for wider engagement in politics and democracy. We will have more options, instead of the current, limited ones alone.

Fierce competition can be a strong incentive, and one that is much needed in Indonesia, for all political actors to prove that they are better, committed and less corrupt than their competitors.

The lengthy conflict in Aceh can be attributed even now to the failure of national political parties and Jakarta's politicians to voice the concerns of the Acehnese. Take the ongoing peace process of Aceh today, only a few members of the legislature have publicly voiced support for the peace process.

While many seem to endorse the process, the loudest voices coming from the legislature are attacking it. There is the danger that old-school nationalists in Indonesia will become the enemies of creative peace building.

[The writer is a human rights advocate working for TAPOL in London and Kontras in Jakarta.]

Aceh consensus

Jakarta Post Editorial - August 11, 2005

No endeavor will succeed if it does not have the genuine support and blessings of the primary stakeholders in the process. No matter how ingenuous the initiative, the effort put into it will be indicative of the confidence in its benefit and eventual success.

The unanimous show of support expressed by the House of Representatives during a meeting to discuss the soon to be signed Aceh peace accord was a relief.

With all the primary state institutions now expressing a formal commitment to the peace deal, there is greater hope that the challenges which lurk in the implementation of the peace accord can be met with a united front.

The people of Aceh have for too long been victims of political circumstances beyond their control. As they suffer, politicians in Jakarta wrangle over positioning based on self interests and idyllic tenets that serve no one but themselves.

The united front shown by the executive and legislative branches will help send a clear message to our cousins in Aceh that the nation truly cares about creating a better future for Indonesia's westernmost province.

After a series of negotiations over the past six months, government negotiators and representatives from the Free Aceh Movement (GAM) agreed last month to a peace treaty for a comprehensive end to the uprising in Aceh. Minister of Justice and Human Rights Hamid Awaluddin has been assigned to represent the government in the official signing ceremony in Helsinki next week.

With an agreement all but signed, the support of the usually cranky politicians, and executive that has the political will to resolve the Aceh quandary, this looks like Aceh's best chance for peace in many years.

A determining factor will by the field response of the Indonesian Military (TNI). Thus far TNI top brass has remained loyal to the President by not rejecting the agreement. It remains to be seen whether all ranks, especially those on the field will facilitate or jeopardize the implementation of the agreement.

A particular sensitive phase will come when Acehnese political prisoners are released and a withdrawal of TNI soldiers occurs. Only then can we truly measure if all the concessionary statements are really ones of intent or mere lip service.

Thus far most of those who have raised concern over the peace deal have done so under the pretext of "nationalism". They are gripped with an inane persuasion that nationalism means maintenance of the nation-state at all costs -- apparently even if that includes the perpetuation of coercive measures which bring about a torturous life for the very people who make up this nation.

What these people forget is that it is the very execution of these tactics that have led to rebellion, the inability to equitably distribute the economic and political rights which every Indonesian citizen from Sabang to Merauke is entitled to.

We should all question the relevance of our nation-state if it purposely weakens, let alone systematically undermines, the basic rights of civil society.

This country was built under the divine principle that sovereignty is in the hands of the people.

Failing to support benevolent initiatives, such as a peace deal in Aceh, violates that very principle. It is those, the "peace- spoilers", who are the true traitors of this nation, irrespective of whether they are GAM, TNI or politicians.

Given these circumstances, it is in all Indonesians' interests to ensure that the rules of the peace accord are observed and that the inevitable complications which will arise are resolved without jeopardizing the process as a whole.

It falls upon civil society -- the media, non-governmental organizations, civil society groups, and even the average man on the street -- to help oversee the process to ensure that all sides are faithful toward the terms agreed upon.

No less important is that people everywhere display a high enthusiasm for peace in Aceh and other provinces so that our officials in turn will remain zestful in maintaining their tough task ahead.

God willing, there will be peace.

Addressing Papua's problems

Jakarta Post Editorial - August 10, 2005

A former Indonesian minister, who during his career in the government was deeply involved in handling rebellious provinces, has reportedly told President Susilo Bambang Yudhoyono that Papua will become the next major headache for Indonesia if the government fails to take a lesson from the decision of the majority of people in the predominantly Catholic territory of East Timor to separate from Indonesia in a referendum in 1999.

Citing several reasons, including religion and Papua's vast natural resources, the former official hinted that the predominantly Christian Papua will get more support from Western countries, compared to the predominantly Muslim -- and also rebellious -- Aceh province.

"Do not ever underestimate the Papua problem. If we continue repeating what we did in East Timor, it is not impossible that we will encounter the same problem again," was more or less what the highly-respected former official had to say about Papua.

It is clear, however, that the international community has given strong support to alleviating the suffering of the people of Aceh from the effects of the decades-long military operation and the tsunami that devastated the province last December. And now with international support, the Free Aceh Movement (GAM) and the government are very close to reaching a peace agreement. We hope that peace will eventually prevail in the province.

In Papua, although the majority of the population is Christian, the issue is not just about religion. Some Papuans say the danger of extinction of ethnic Papuans -- caused by diseases like AIDS and uncontrolled migration from other islands -- is more alarming than the religion issue.

What mistakes did Indonesia commit in East Timor? The most important thing was rampant gross human rights abuses and disrespect for human dignity, including the people's culture and basic rights as human beings. Indonesia insisted it deserved respect from the East Timorese, taking the view that it had liberated the tiny territory from colonialism and spent money on development there. What it received from the East Timorese, however, was fear and hatred because they saw Indonesia acting as a colonial power, and one that was cruel at that.

We can say that Papua and East Timor are different issues as from the very beginning of Indonesia's independence in 1945, Papua was claimed by Indonesia as an integral part of its territory, although it took 20 years for this to actually come about. But can we say that right from the very beginning the Papuans truly felt that they were real Indonesians, who are treated in the same way by the state as their compatriots who live outside Papua? Many Papuans feel that they are treated as second-class citizens. Their rich natural resources are exploited but their living standards do not reflect the huge revenues the state has extracted from their land. Regular, oppressive security operations and human rights abuses by the security forces and the government hurt them. And there are no serious efforts being made by the government to improve the situation.

In reacting to the move by the US Congress to internationalize the Papua issue, many Indonesian officials and legislators flew into an apoplectic rage. "Do not ever, ever interfere with Indonesia's sovereignty," was the typical sort of response emanating from Jakarta, just like we have come to expect from ultra-nationalist and narrow-minded people.

The issue here is not whether the 1969 UN-sponsored Act of Free Choice was legitimate or not, because that is very debatable. Those who opposed the Act would argue that very few people participated in the self-determination process and therefore it was illegitimate. However, we must also remember that at the time, Papua was still languishing in something resembling the stone-age so that it is difficult to compare the situation back then to the current situation.

The central issue is that Indonesia has failed to convince the Papuans through concrete deeds that they are better off as part of Indonesia.

This does not mean that the central government never listens to their aspirations. In 2001, the House of Representatives (DPR) passed the very generous Papua Special Autonomy Law (No. 21 of 2001), which included the establishment of the Papuan People's Council (MRP). The international community also hailed this legislation as it gave a greater opportunity to the Papuans to run their own affairs. There were high hopes at the time that Papua's problems could be resolved for good.

But what happened then? The government broke its own promise. It refused to give the MRP the power mandated by the legislation. Despite widespread public opposition in Papua, the government established the new province of West Irian Jaya. It is only a matter of time until another new province, East Irian Jaya, will be set up.

The special autonomy arrangement is now practically in tatters. Again, Jakarta has disappointed the Papuans. So, can we expect them to ever trust the government again? The international community supports special autonomy for Papua, but if the government itself goes back on its own commitments, can we still demand that foreign countries remain committed to supporting us?

The impact of MUI fatwas on freedom of religion

Jakarta Post - August 8, 2005

Muhamad Ali, Hawaii -- The fatwas (edicts) issued by the Indonesian Ulemas Council (MUI) concerning intra and inter- religious issues in the country have generated concerns and criticisms from other scholars and the public, and clearly demonstrates that there is still a semantic and intellectual gap among the religious elites themselves about how to deal with religious diversity and freedom. Religious freedom does not seem to have won over the minds of many religious elites, or for that matter, the public in general.

Prof. Abdel Fattah Amor, dean of the faculty of law at the University of Tunis, has rightly put it, saying that each religion has a tendency to consider that it is the sole guardian of truth and is duty bound to behave accordingly, an attitude which is not always conducive to inter-religious tolerance.

Furthermore, each religion may be tempted to fight against whatever it defines as deviant either within its own faith or at its boundaries, which is equally unlikely to encourage internal religious tolerance.

The MUI fatwas that prohibit interfaith prayer, interfaith marriage, interfaith inheritance, religious pluralism, liberalism, secularism, and Ahmadiyah, are largely counter- productive to the ideals of freedom of religion and religious tolerance when one strand of religious interpretation has to be introduced to public in order to attack other interpretations existing in the community.

The edicts clearly contradict the Universal Declaration of Human Rights, one article of which states that "everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest this religion or belief in teaching, practice, worship and observance."

The edicts are also against the 1945 Constitution Chapter 29, that stipulates that the state ensures the freedom of every citizen to adhere any religion and to perform religious duties as required by their religion and faith. The recent edicts can also be understood to go against the Koranic verses: "Let there be no compulsion in religion, Truth stands out clear from Error" (Al- Baqarah, 256).

MUI's close relationships with the government and its perceived and actual authority among the Muslim populace gives it strategic and important position, but this position should not be used to monopolize religious interpretation. A fatwa can have considerable implications for the attitude of many Muslims. Criticisms leveled by national Muslim leaders and the public against certain fatwas indicate that they are very much aware of the powerful role of such edicts on the minds and behavior of the Muslim community. A fatwa can influence followers to become violent and vandalistic. A fatwa that encourages intolerance can be used to justify the use of violence among religious followers.

It is regrettable that one of the MUI ulemas once said that it was normal that some Muslims did not obey their edicts because the Koran and the Prophetic Sunnah itself have always been disobeyed too. Everybody knows, fatwas are opinions and not universally binding.

So why has MUI shown such anti-pluralistic sentiments? Why has MUI chosen to show its power rather than its reason by not recognizing pluralism both within Islam itself and with other religions? Although fatwas are supposed to be flexible and can change according to circumstances, they are always not so on issues believed to for part of beliefs and rituals.

However, it is socio-political contexts that have actually shaped such lack of flexibility and change. Some of the fatwas were issued in the context of inter-religious tensions and amidst the dilemma faced by the government in promoting religious tolerance. Thus, for MUI, the prohibition of inter-religious marriage, inter-faith prayer, or pluralism, has been aimed at maintaining what they perceive to be the identity and integrity of the Muslim community.

Many Muslims have actually welcomed such anti-pluralist edicts. But there are quite a number of them who have not. MUI and many others simply do not comprehend pluralism, human rights, and freedom of expression. They have defined pluralism, liberalism, and secularism in their own ways, without understanding the complexity and diversity of the terms being used among different scholars.

Thus there is still semantic gap and misunderstanding between MUI ulemas on the one hand and Muslim and non- Muslim scholars and institutions which have promoted pluralism, liberalism and secularism on the other. Therefore, MUI ulemas should do more listening and engage in more dialogue with various elements in Muslim and non-Muslim communities alike.

Moreover, MUI should be aware of the fact that today MUI is only one among many Muslim organizations and individuals. MUI is not the only authoritative and influential institution in the Muslim community. Muslims have in fact become more diverse and plural in their understanding of religion.

Globalization in media, education, and socio-cultural interaction has contributed to this diversification of Muslim beliefs and practices, which should be studied and discussed first. Any attempt to control such diversifying tendencies among Muslims will be counter-productive to intra-Muslim relationships and in many cases to inter-religious interactions as well.

What is more disturbing is that MUI has not learned that Islam recognizes freedom of expression. Actually, there are some clerics in MUI, such as former MUI chairman, Hasan Basri, who saw religious harmony as their main priority.

In 1997 KH Hasan Basri said, for example, "Being conscious that a harmonious condition among Indonesian citizens is expected by many parties, MUI as the serving organization of clerics is strongly committed to participate in realizing such a condition. For MUI, the improvement in the harmonious life of religious communities is one of its priorities." This is the priority that MUI should be focusing on.

[The writer is a lecturer at the State Islamic University (UIN), Jakarta, and is now pursuing his PhD in History at the University of Hawaii at Manoa, Honolulu under the East-West Center Fellowship.]


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