61th Session Commission on Human Rights

International NGO Forum on Indonesian Development

Oral Intervention Under Item 11: Civil and Political Rights, including the questions of Freedom of Expression

Delivered By: Hendra Budian

Mr. Chairman,

2005 will be a year of immense challenges for Aceh and Indonesia. Post-tsunami Aceh is working hard to rebuild and strengthen itself. The disaster that rocked Aceh on 26 December 2004 was devastating for the Acehnese and Indonesians. It had a devastating impact on both the people and the infrastructure. The latest figures show that at least 250 thousand people were killed and 400 thousand became homeless. Two third of Aceh’s capital, Banda Aceh is destroyed. Much of the infrastructure has collapsed.

While some positive developments related to democracy and developments have taken place in Indonesia, such as basic freedom of association or for the press, this did not happen in Aceh. Pre-tsunami Aceh, as in West Papua, continued to resemble Indonesia under Soeharto. The military and police continue to control not only security but politics too. Aceh is the only place where the bad old days’ doctrine of military’s dwi fungsi (dual function) integrating security and political responsibilities continue both in theory as well as practice. Several districts and sub districts are under military control. Only in the first few days of the disaster security personnel did a good work in Aceh. Within a week they had reverted to their ‘normal’ bad behaviour.

When the tsunami hit in December the province was under a second period of civil emergency law imposed by the current the administration of Susilo Bambang Yudhoyono. Civil emergency law, an extension of the preceding martial law status, imposed a range of restrictions on the locals and destroyed the life of the population. This status has also become a restriction to freedom of expression for the Acehnese. It had been almost impossible for journalists, aid workers or human rights groups to get permission to visit Aceh before the tsunami. This is well documented in the report of Special Rapporter on Freedom of Expression Mr. Ambeyi Ligabo, document number E/CN.4/2005/64/add.1. The isolation of the population is the reason why we did not see any images or hear any reports from this worst-hit area for days after the tsunami hit.

This lacks on the rights to freedom of expression happens in many forms and experienced by many people, in such case that we had listed on this intervention:

• On 10 February the government through the chief of the police in Aceh banned an initiative by local civil society groups to hold a meeting to discuss an alternative blueprint by local people.
• An Australian academic, Dr. Edward Aspinall, who wanted to go to Aceh working for a humanitarian organization was refused entry Indonesia.
• On January 2005, Amnesty International who wanted to go to Aceh to monitor the possibility of Human Rights Violence after Tsunami Disaster was refused to entry Aceh.
• Several villagers that talked to Clinton and Bush Senior during their visit to Aceh were later intimidated by local military personnel. While the visit by both former US presidents was reported in media, the intimidation of the locals did not get much attention.
• There no opem sphere for the civil society in Aceh to determine the settlement areas after the tsunami. In east AcehThe chief of sub district of East Aceh accused and detained some villagers who refused to move to the government relocation camps as being rebels.

These incidents demonstrate that Civil Political rights, as well as efforts to monitor them continue to be restricted in Post Tsunami Aceh.

There is too many things happening will make the examples above is along list cannot be mention here because of the time constrain. But in conclusion, the reconstruction efforts Aceh post Tsunami is lack of any meaningful consultation with the Acehnese. The Acehnese again are having policies forced upon them. The present approach will only lead to further resentment and problems in the long run.

Considering the above issues, we would like to request the Commission to:

1. Urge the Government of Indonesia to bring an end of the Civil Emergency Law in Aceh
2. Urge the government of Indonesia to open to any international groups who want to visit, not only for reconstruction work, but also for monitoring human rights situation and the peace building in Aceh.
3. Urge the Government of Indonesia to invite the Special Rapporteur on the Fredoom of Expression to Indonesia

Source: UNCHR