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US govt's Indonesia report on human rights (EXTRACTS)

Source
Tapol - January 30, 1997

This report is sent from the Human Rights Watch/Asia, which is released by U.S. Department of State, the Bureau of Democracy, Human Rights, and Labor, January 30, 1997

[NB: The full text of this report was sent to branches on Monday, February 3, and can also be accessed from ASIET's WWW home page under the section "Reports and Data". Please note that these extracts were compiled by Tapol, not ASIET - JB]

Despite a surface adherence to democratic forms, the Indonesian political system remains strongly authoritarian. The Government is dominated by an elite comprising President Soeharto (now in his sixth 5- year term), his close associates, and the military. The Government requires allegiance to a state ideology known as "Pancasila," which stresses consultation and consensus, but is also used to limit dissent, to enforce social and political cohesion, and to restrict the development of opposition elements. The judiciary is subordinated to the executive and the military.

The primary mission of the 450,000-member armed forces, which includes 175,000 police, is maintenance of internal unity and stability. Military spending is approximately 1.4 percent of the gross national product. Despite a decrease in the number of active or retired military officers in key government positions, the military retained substantial nonmilitary powers under a "dual function" concept that accords it a political and social role in "developing the nation."There continued to be numerous, credible reports of human rights abuses by the military and the police.

Indonesia has a vigorous and rapidly growing economy. The benefits of economic development are widely dispersed, but pervasive corruption remains a problem. Pressures for change and sporadic unrest led to stronger demands that the Government act more effectively to address social and economic inequities. In rural areas, discontent often focused on the grievances of small land owners–especially those forced off their land by powerful economic and military interests. In some regions, exploitation of natural resources has entailed environmental degradation with adverse social consequences.

The Government continued to commit serious human rights abuses. Rising pressures for change, including those by political activists and opponents, triggered tough government actions that further infringed on fundamental rights. The authorities maintained their tight grip on the political process, which denies citizens the ability to change their government democratically. In other areas, such as increased police and army accountability for abuses, the decline in extralegal executions, access to prisoners, the variety of information sources, and tolerance of public criticism, there were encouraging signs along with substantial grounds for continuing concern. Reports of extrajudicial killings– including killings of unarmed civilians, disappearances, and torture and mistreatment of detainees by security forces continued. In practice, legal protections against torture are inadequate, and security forces continued to torture and mistreat detainees, particularly in regions such as Irian Jaya and East Timor.There were persistent reports that some of the detainees seized by the Government during unrest in Jakarta sparked by the government-backed seizure of an opposition party headquarters on July 27 and during the subsequent crackdown on political opponents were subjected to mistreatment. Reports of arbitrary arrests and detentions and the use of excessive violence (including deadly force) continued. Prison conditions remained harsh, and security forces regularly violated citizens' right to privacy.

The Government continued to impose severe limitations on freedom of assembly and association. In anticipation of the 1997 parliamentary elections, the Government took a number of actions to intimidate political opponents. Notably, the Government crudely engineered the removal of a popular opposition party leader and the forcible takeover of the party headquarters. The headquarters-takeover and the subsequent rioting in Jakarta, the worst in decades, resulted in at least 5 dead, over 20 missing, scores of injuries, and over 200 arrests. Some witnesses testified in court that one person was killed during the takeover of the party headquarters. The Government, invoking limited use of the controversial Antisubversion Law, responded with a wave of arrests, interrogations, and expanded surveillance aimed at reining in nongovernmental organizations (NGO's) and political activists. The International Committee of the Red Cross (ICRC) and the National Human Rights Commission were able to visit many of those detained or hospitalized after the takeover and riot, although access has been sporadic.

An independent election monitoring committee, formed by private organizations, prompted a mixed government response. Its head was called in for questioning during the Government's crackdown on political opponents and NGO's after the July 27 incident. On the other hand, the Indonesian National Human Rights Commission, despite limited resources, and occasional government pressure and intimidation, vigorously undertook investigations and publicized its independent findings and recommendations. In some but not all cases, the Government acted on these findings.

The judiciary is still subservient to the executive branch and subject to widespread corruption. A justice's criticism of judicial corruption focused increased attention on the need to reform the judicial system.

In a controversial and much criticized action, the Supreme Court reimposed a prison sentence on Indonesia's most prominent independent labor leader, Muchtar Pakpahan, reversing its own 1995 decision to overturn the conviction. Reversing lower court decisions, the Supreme Court also upheld the legality of the Government's closure of three magazines in 1994.

The Government continued to exercise indirect control over and intimidation of the press. Criticism of the Government was tolerated, but critics of the President, senior officials, or powerful local interests risked harassment, arrest, or intimidation. Despite these problems and government pressure on the media in the wake of the July 27 events, observers considered the print media more open and outspoken than in recent years. The Government continued to impose some restrictions on freedom of religion and movement. Discrimination against women and the disabled and violence against women are endemic problems.

Security forces displayed improved discipline in responding to several incidents of unrest in Irian Jaya, where newly issued human rights guidelines were in effect, but brutality in handling unruly demonstrations in Pontianak and Ujung Pandang resulted in civilian deaths. In the July rioting in Jakarta, the police beat demonstrators and onlookers. Higher authorities punished increased numbers of police and military personnel, including officers, for infractions of the law or indiscipline. Punishment, however, usually failed to match the severity of the abuse.

The Government maintained its opposition to alternatives to the government-sponsored labor movement and to the development of a free trade union movement. Members of the principal unauthorized labor organization cited continued instances of harassment. Government pressure on this organization–widely viewed as an attempt to discredit or destroy it–has increased since the July 27 violence in Jakarta.

In a move that has elicited considerable domestic and foreign criticism, the Government detained and brought subversion charges against the leader of this organization (the same man against whom the Supreme Court had reinstated a conviction it had earlier overturned) for alleged political activities. Abuses, including the use of child labor, mistreatment of labor, and inadequate remuneration continued. On the positive side, the Government raised the minimum wage again and, for the first time, allowed unions to collect and distribute their own dues.

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