Less than three years after the fall of Suharto amid calls for "reformasi", there are serious signs that the democratically-elected government of Abdurrahman Wahid is slipping back into the bad, repressive ways of the Suharto dictatorship. In West Papua and Aceh, people who exercised their right to peaceful protest are facing charges that criminalise legitimate political protest. TAPOL has again called for these repressive laws to be repealed. Already under the transitional government of B.J Habibie, in power from May 1998 till October 1999, the authorities responded to strong pressure to release all political prisoners throughout Indonesia, including the many dozens held in Aceh and West Papua. The releases were completed soon after Abdurrahman Wahid took office on 20 October 1999 and it was hoped that forthwith, no one would fall victim to charges under the anti-subversion law or the politically motivated articles in the Criminal Code known as the "hate-sowing" articles.
However, these articles were not repealed and still worse, when the Habibie government decided in April 1999 to repeal the much-hated and widely-criticised draconian Anti-Subversion Law, far from expunging from the statute books the most damaging, politically-motivated articles of that law, it incorporated them into the Criminal Code. So we now have an additional six articles, Articles 107a-107f which were lifted from the anti-subversion law. These articles codify "crimes" of a purely political nature such as "endangering the Pancasila" and "promoting the spread of Marxism-Leninism".
In a letter to the new Minister of Justice and Human rights, Dr Baharuddin Lopa, on 1 March 2001, TAPOL called for the repeal of all these articles on the grounds that they "should have no place in a state based on democratic principles".
Article 154 of the Criminal Code states that anyone who expresses "feelings of hostility, hatred or contempt for the Indonesian Government", shall face a penalty of up to seven years. Article 154a states that "anyone who besmirches the national flag and symbols of the state of the Republic of Indonesia" shall face a maximum penalty of up to four years".
Article 155 states that "anyone who makes public, displays or hangs out writings or pictures in public places that contain feelings of hostility, hatred or contempt for the Indonesian Government for the purposes to making them known to the public" shall be liable to a maximum penalty of four and a half years.
Article 160 states that anyone who "in a public place, verbally or in writing, incites others to commit a crime, to use violence towards public officials or incites persons not to comply with laws or official instructions issued on the basis of the law" shall be liable to a penalty of up to six years.
"Hate-sowing" in Aceh
Muhammad Nazar has chaired SIRA, the Centre of Information for a Referendum in Aceh, since its establishment in 1999. The organisation is dedicated to a peaceful struggle for a referendum on the status of Aceh and its future relationship with Indonesia. SIRA's first major action was to organise a mass rally in Banda Aceh calling for a referendum in November 1999 attended by around a million people who had travelled from all parts of Aceh. The security forces made no attempt to prevent the rally and security was left to members of SIRA. The event passed off peacefully.
In August 2000, SIRA called on people not to raise the Indonesian national flag to mark the national day on 17 August but asked them instead to raise the flag of the United Nations. The SIRA office was raided in the run-up to that event and UN flags were confiscated.
In November, SIRA called on people to come to Banda Aceh to attend another pro-referendum rally on the first anniversary of the pro-referendum rally in 1999. However, this time round, security forces were out in force in all parts of Aceh, setting up road blocks and using armed violence to prevent hundreds of thousands of people from reaching Banda Aceh. Dozens of people were killed; Kontras-Aceh (Commission for the Disappeared and the Victims of Violence) was able to identify more than three dozen deaths but acknowledges that the death toll was probably far higher.
The rally went ahead as planned but hundreds of thousands of people were prevented from attending. By this time, Nazar had been summoned for questioning by the police regarding the raising of the UN flag in August and was arrested on 20 November after being interrogated for a whole day. It was later announced that he would face charges under the "hate-sowing articles" and he was transferred from police custody to prison, to await trial. Although according to the procedural code, the trial should be held in the place where the alleged "crime" was committed, a decision was issued by the then Justice Minister that the trial would take place in Medan, apparently on the grounds that there were not sufficient judges to hear the case in Banda Aceh. The decision was strongly condemned by his team of lawyers, his family and his associates in SIRA who warned against transferring him to Medan where Acehnese activists have been kidnapped and assassinated, most recently Jafar Siddiq Hamzah who disappeared in Medan last August and whose body was found three weeks later.
The Nazar trial formally opened in Medan on 21 February but the defendant did not appear at the courthouse and the trial was adjourned. Shortly beforehand, Justice and Human Rights Minister Yusril Irzha Mahendra had been dismissed by President Wahid and was replaced by Baharuddin Lopa, who was secretary-general of Indonesia's National Human Rights Commission during its first years of existence. The new minister had made a last-minute intervention, rescinding his predecessor's decision and decided that the trial should be held in the district court in Banda Aceh.
In a letter to Justice Minister Baharuddin Lopa welcoming the switch in venue, TAPOL said: "... we believe that there is no justification for the trial of Nazar Muhammad to proceed. The defendant is being indicted for the peaceful exercise of his right to express views about the situation in Aceh. It is deplorable that he will face charges under articles 154, 155 and 160, the notorious "hate-spreading" articles of Indonesia's Criminal Code. We would urge you to exercise your authority to press the Attorney General's office to drop the charges and order the unconditional release of the prisoner." The trial was resumed in Banda Aceh on 8 March with a heavy security presence to keep hundreds of supporters at bay.
"Hate-sowing" in West Papua
On 5 February this year, five local members in Wamena of the Papuan Presidium Council went on trial at the Wamena district court. They were arrested on 13 December last year, two months after the Wamena Tragedy and have been accused of "masterminding" the violence in Wamena on 6-7 October. The four men and one woman are: Rev. Obed Komba, Rev. Yudas Meage, Yafet Yelemaken, Murjono Murib, and Amelia Yigibalom.
Although all the evidence suggests that they had tried to calm down the angry crowds and halt the violence, they have been charged under the three "hate-sowing" articles, as well as under Article 106 which prescribes a maximum life sentence for attempting to commit "separatism" and under Article 110 which prescribes a sentence of up to six years for "conspiring to commit separatism". On 10 March, they were sentenced to between four and four and a half years.
Seventeen men also went on trial in Wamena for their alleged part in the violence on 6-7 October. Sixteen of the men, who are alleged to be members of the Papua Taskforce (Satgas Papua), faced charges under Article 214 which makes it an offence to use "violence or threats of violence towards a state official" in collusion with two or more persons, punishable by up to seven years. They also face charges for the illegal use or possession of firearms under an emergency law of 1951. The sixteen are: Yohakim Huby, Frans Huby, Heri Kosay, Hendrik Siep, Agus Sorabut, Jakson Itlay, Edi Marian, Timatus Kogoya, Pilius Wenda, Les Wenda, Atinus Wenda, Teri Wenda, Isak Wenda, Elius Wenda, Yoel Wenda and Yules Wenda.
The seventeenth man on trial is Sudirman Pagawak who is charged with "inciting" others to disobey a government order or break the law under Article 160 of the Criminal Code. On 10 March, the 17 men were found guilty and given sentences of between one year and nine months and three and a half years.
It goes without saying that the police authorities who ordered and/or took part in the operation to lower the West Papuan flag in violation of an agreement that had been reached three days earlier with the Papuan Presidum Council and caused the deaths of thirteen West Papuans are not facing any charges. Nor are the members of Brimob who violently attacked defenceless prisoners in their cells, while they were awaiting trial.
International observers denied entry
A request by the Australian branch of the International Commission of Jurists to send an observer team to attend the trials in Wamena was turned down by the Indonesian authorities. The mission was to have been headed by Justice Elizabeth Evatt. The ICJ's Australian branch has frequently sent observer missions to attend political trials in Indonesia but this is the first time ever that an observer mission has been rejected.
Amnesty condemns the trials
Amnesty International has strongly condemned the use of the "hate-sowing" articles in Aceh and West Papua. In a statement issued on 7 February 2001 in which it announced that the five Papua Presidium Council members in Wamena and Muhammad Nazar in Aceh had been granted recognition as prisoners of conscience, the organisation said: "In Aceh and Papua, it is becoming increasingly difficult to distinguish between the current government and that of President Suharto. Agents of the state are resorting to the same tactics of intimidating, imprisoning, torturing and killing those suspected of opposing Jakarta's rule."
Five Presidium leaders await trial
The crackdown on the pro-independence movement in West Papua took yet another turn with the arrest of five senior members of the Papuan Presidium Council. Four of the leaders, Theys Eluay (Presidium chairman), Taha Al Hamid (Presidium secretary-general), John Mambor and Don Flassy were taken into police custody the day before 1 December 2001, the day on which the Presidium planned to hold events to mark the anniversary of the day in 1961 when the Dutch colonial authorities agreed to recognise the West Papuan flag and anthem and said they would make preparations for West Papuan independence.
Four days later a fifth Presidium Council leader, the Rev. Herman Awom, was also taken into custody. All five men still remain in custody but, as far as is known, no formal charges have been laid although it is believed that they will be charged under Article 106 for "rebellion" or "separatism". In December, they were transferred from police custody to Abepura prison.
Following their arrest, Gus Dur, as President Wahid is popularly known, several times called for their release but he was ignored. The deep disagreement between the president and his senior officers was aired very publicly with Gus Dur even lamenting the fact that top ministers and the national police chief had held a meeting and turned down his call for the men's release. (Jakarta Post, 9 December 2000) This is not the first time these men have been arrested to "await trial" but the cases against them fizzled out and no charges were laid. Sources close to the Presidium Council told TAPOL last year that this was because Gus Dur had ordered their release. It is a sign of the weakening position of Gus Dur and the major switch in Jakarta's policy towards West Papua that such orders from the president no longer hold sway.
Peaceful demo is now 'treasonable'
Meanwhile in Jakarta, hundreds of West Papuan students held a demonstration on 1 December in support of calls for independence. The demonstration was organised by the National Front of West Papuan Student (in Exile), and students came from universities throughout Java. They made their way to the Dutch and US embassies and to the UNDP office in Jakarta to present petitions about their demands. They expressed full support for the Second Papuan Congress in Jayapura last June and called for the withdrawal of extra troops which were sent to West Papua in the months leading up to 1 December.
Towards midday they were assaulted by Brimob forces who laid into them with batons, tear gas and firearms. The students were forced to scatter when tear gas was fired. Two demonstrators were hit by rubber bullets fired by the police, one in the head, the other in the shoulder. Seven of the demonstrators were taken into custody. Three were released on the following day after being forced to reverse their support for the demands contained in the petitions.
The other four who refused to make any concessions about their views, went on trial in Jakarta on 15 March after having been subjected to constant racist abuse and humiliation by their captors, combined with a failure to treat serious medical conditions. The four students are: Laun Wenda, Yosep Wenda, Hans Gobay, and Mathius Rumbrapuk. They have all been adopted by Amnesty International as prisoners of conscience. After being held in police custody for two months, they were transferred to Salemba Prison, Jakarta on 31 January.
Mathius Rumbrapuk is suffering from a serious injury to his right leg as the result of being trampled on by one of the police officers during the demonstration. Yosep Wenda suffered a blow in the head from the police which has impaired the hearing in his right ear. In late February, Rubrapuk was taken to St Carolus Hospital for a check-up where doctors diagnosed him as suffering from severe depression, needing psychiatric treatment in addition to treatment for his leg wound.
The charges they are facing are very grave: "rebellion" and "separatism" under article 106 of the Criminal Code for which the maximum penalty is life, and charges under the "hate-sowing" articles. Why should people who took part in a peaceful demonstration be treated with such severity? For the answer, we should recall how effective East Timorese students studying in Indonesia were in alerting the diplomatic community in Jakarta and the wider international community about the situation in their country. West Papuan students in Indonesia are now being warned against indulging in such activities on behalf of their people.