Indonesian Solidarity's Open Letter to the Australian Prime Minister

Sydney, 4th March 2010

The Hon Kevin Rudd MP Prime Minister

House of Representatives Parliament House Canberra ACT 2600

Dear Prime Minister;

Indonesian Solidarity is an independent, non-profit organisation that supports human rights in Indonesia.

We write this letter to you about the Indonesian President, Susilo Bambang Yudhoyono’s visit to Australia from 9th until 11th March 2010. The Australian and Indonesian government cooperate in a wide range of international issues. In addition your government’s commitment to a long-term development partnership with Indonesia by providing aid to Indonesia, has made Indonesia the largest recipient of Australian aid, and security cooperation is enhanced by the Lombok Treaty for addressing traditional and non-traditional security challenges. This bilateral cooperation is a sign of mutual trust, and we believe that your government can play a significant role to improve the democratic process in Indonesia and address the human rights concerns while the President is in Australia.

Background Since President Suharto's fall from power in 1998, Indonesia has taken many important steps to move from an authoritarian state to an emerging, rights-respecting democracy. President Susilo Bambang Yudhoyono was the first directly elected president in September 2004 and was re-elected in 2009. In the last five years his administration has made significant progress toward stable democracy. In addition three decades of conflict in Aceh was settled through the peace agreement in August 2005. He permitted Indonesia's anti-corruption commission to prosecute a number of graft cases involving government officials and public figures.

Human Rights Impunity In the case of human rights issues, the legal impunity of the Armed Forces has continued until this day. Munir’s case is one example. Munir was a leading human rights lawyer poisoned to death on his flight to Amsterdam in September 2004. However, the former deputy head of the state intelligent agency, BIN, Ret Major-General Muchdi Purwopranjono (who is also a former Kopassus (Special Force Command) commander) was acquitted by the South Jakarta District Court of all charges relating to Munir's murder on 31st December 2008. The Supreme Court on 15th June 2009 confirmed the decision of the district court. The trial was unsatisfactory with many prosecution witnesses ignored.

Security Cooperation Australia’s military links with Kopassus, are of serious concern given Kopassus’ long history of human rights abuses in East Timor, Aceh, and Papua. We welcome your comments, made in 2003 as Opposition Foreign Affairs Spokesperson, against the decision by the Australian government to resume links with Kopassus.

President Yudhoyono has appointed Let Gen Sjafrie Sjamsoeddin as a deputy Defence Minister. Let Gen Sjamsoeddin is a former military officer with a long history of working with Kopassus. Let Gen Sjamsoeddin still has to explain before a court several incidents of political violence in 1998. Building upon the investigation of the National Human Rights Commission (Komnas HAM), Let Gen Sjafrie Sjamsoeddin is one of those considered responsible for several cases of heavy human rights violations. Let Gen Sjamsoeddin refused a summons from the National Human Rights Commission about his role in the abduction of student activists in 1998. In September 2009 US officials declined to approve the visa applications of Lt. Gen. Sjafrie Sjamsoeddin, and Maj. Gen. Pramono Edi Wibowo.

In addition the few soldiers who have been convicted by military tribunals for abuses have largely been reinstated into the ranks and promoted, including seven of 11 military personnel convicted of kidnapping student activists in 1997 and 1998. Col. Tri Hartomo, who was supposedly discharged from the military following his conviction in connection with the death of Papuan activist Theys Eluay in 2001, currently holds a senior position in Kopassus.

Religious Expression There are serious concerns about the protection of a religious minority. Ahmadiyah Islamic followers have been under attack by hardline groups, while Indonesia’s government issued restrictions against the Ahmadiyah Islamic sect . In 2005, hardline groups turned their attention towards the Christian community in Indonesia and up to 60 churches have been closed down, with 23 churches in the city of Bandung closed down by hard-line groups including the Islamic Defenders Front (FPI) . The Setara Institute recorded 200 violations to freedom of religion and belief in 291 incidents, with 367 violations to freedom of religion/belief in 265 incidents in 2008, and 135 violations to freedom of religion/belief in 185 incidents in 2007.

Security Approach and Insecurity in Papua The Indonesian government passed the Special Autonomy law known as OTSUS in Papua in 2001. This Special Autonomy Law has strengths and weaknesses. It opens up dialogue and the central government has allowed local people to have their political and cultural identity as Papuans. President Yudhoyono set up the Papuan Peoples Assembly (Majelis Rakyat Papua-MRP) to increase protection of indigenous Papuans.

Meanwhile the central government in Jakarta remains suspicious and fearful towards the implementation of OTSUS, especially Article 2 about Papuan identity which regulates that the Papuan flag (Morning Star) and Papuan national song are part of the cultural identity of Papuans. As result, Yudhono’s government created another regulation, PP No.77 year of 2007 that contradicts the spirit of OTSUS. This regulation can criminalize anybody who uses the Morning Star as a flag, banner or in any other display. Therefore, this cultural symbol cannot be used anymore.

Furthermore, no investigation has been taken over the murder of Opinus Tabuni, a member of an indigenous organization in August 2008. The current security approach has undermined peaceful activity and violated freedom of expression. The 2009 killing of Kelly Kwalik, a leader of a low-level insurgency by the Organisation for Papuan Independence (OPM) adds to dissatisfaction in the broader peaceful movement who want the central government to engage in dialogue with Papuans. Recently, the Army Chief Lt. Gen. George Toisutta proposed to set up a new military command in West Papua province . His statement has been received with outrage among human rights workers.

Indonesia has been able to maintain this climate of military impunity by keeping abuses out of the global spotlight through the maintenance of tight restrictions on access for foreign human rights monitors, international humanitarian organization, journalists, and even diplomats in Papua. The International Committee of the Red Cross (ICRC) has been expelled from Papua and the permission to work for Peace Brigades International (PBI) offices in Wamena and Jayapura has been denied since 2009.

Recommendation During President Yudhoyono’s visit to Australia, we urge you to call on President Yudhoyono to:

• End restrictions on access to the Papua and West Papua provinces for independent observers, including diplomats, foreign journalists, and human rights organizations and allow the ICRC to resume its operations there.
• Repeal government regulations that conflict with the 2001 Papuan Special Autonomy Law, which permits the display of symbols of Papuan identity, including flags and songs and to strengthen dialogue with Papuans to address social injustice.
• Order an independent and impartial investigation into allegations of human rights violations in Papua, including killings, torture, and arbitrary arrest and detention, carried out by a body which has the power to bring the perpetrators of such abuses to justice.
• Call for the conclusive resolution of the 2004 murder of leading human rights lawyer Munir Said Thalib by having prosecutors file for a "case review" of a former Kopassus commander Muchdi Purwopranjono's acquittal or having police reopen the investigation into Munir's murder.
• We also ask that the decision of the US government to refuse visas for high ranking Indonesian military have suspected of committing human rights crimes should also be considered for your government policy.
• There should be conditions for even limited reengagement with Kopassus by your government that: (1) Kopassus permanently discharged any personnel previously convicted for human rights abuses; and (2) an ad hoc tribunal be established to solve the student "disappearances" of 1997-8, as recommended by the Indonesian parliament, and Kopassus has committed in writing to making all relevant personnel and documentation available to investigators and (3) genuine progress in eliminating military businesses and enhanced transparency and independence for the Oversight Team, including the release of information on overall military budgets and spending Thereafter, provide training only to carefully vetted participants, and restrict training to non-combat related activities.

In these ways, we hope you will reaffirm that as Australia deepens its engagement in Indonesia, it will do so in a way that enhances its respect for and protection of the fundamental rights and freedoms of the Indonesian people, strengthening both the rule of law and respect for democratic principles in a critical strategic partner in the years ahead.

Yours sincerely,

Dr John L Rawson Director