Aguswandi – A high court decision last Monday could have major repercussions for the democratic development of the world's fourth most populous country, which goes to the polls in national elections today.
The court blocked my attempt to challenge the legality of British policy on arms sales to Indonesia. My homeland, Aceh, on the northern tip of the island of Sumatra, is being subjected to Indonesia's largest and most brutal military offensive since the invasion of East Timor in 1975 and British arms are playing a key role.
British support for the Indonesian military in this way is seriously undermining the continuing struggle for a better future for the people of Aceh and Indonesia.
The ostensible purpose of the military offensive is to crush the rebel group known as the Free Aceh Movement, GAM, but Acehnese civil society is bearing the brunt of the onslaught. Already, over 3,000 people have been killed and widespread human rights violations have been perpetrated.
British-made Hawk jets, Scorpion tanks and Saracen armoured vehicles have been used in flagrant breach of Indonesian government assurances that British equipment will not be used for offensive or counter-insurgency purposes.
The message from Indonesia's military chiefs could not be clearer. They have insisted that they will use the weaponry at their disposal to "complete the job" in Aceh and they will not comply with any restrictions on the use of the British equipment. Despite this, the British government refuses to intervene.
The basis of my legal claim was that, in the circumstances, the continued licensing of military exports to Indonesia contravenes British and EU export control guidelines which clearly state that export licences should be blocked if there is a risk of the equipment being used for internal repression.
I argued that the government is ignoring these guidelines by indicating through its words and actions that it will not do anything until British equipment is actually used to abuse human rights in Aceh.
However, without further enquiry, the court accepted the government's contentious assertion that it is observing the guidelines and making a proper assessment of the risk. The victims of the war in Aceh would beg to differ.
The government places the onus on people on the ground – ie the potential or actual victims – to produce credible evidence of the "misuse" of equipment. That is clearly impossible given the army's tight grip on conditions throughout Aceh. It has issued an explicit warning to people not to take photos of Scorpion tanks or to film them. Those who disobey such instructions face arrest and arbitrary detention or far worse.
Since the collapse of the authoritarian military regime of General Suharto in 1998, Indonesia has been making uncertain progress along the rocky road to reform and democratic development.
The forthcoming elections are important, but they do not on their own establish Indonesia's democratic credentials, especially when they are taking place under conditions of martial law in Aceh and of military repression in other areas, such as West Papua.
One of the key elements in building democracy in Indonesian is the reform of the military. The main obstacles to progress are the persistent and institutionalised role of the military in Indonesian political affairs and its hostility to meaningful democracy and improved respect for human rights.
The catastrophic role of the military is demonstrated by the situation in Aceh, where state violence is being used by the military as a solution to problems which can only be solved by political means.
I am astounded that the British government's crusade against terrorism permits friendly relations with a military force which is responsible for many times more civilian deaths than non-state terrorists in Indonesia, including those who killed over 200 people in the Bali bombing atrocity. Britain is a leading supplier of military equipment to Indonesia and the government under Tony Blair has continued to licence exports despite the repeated use of equipment against civilians in East Timor, Aceh, West Papua and other areas.
Since 1997, when new Labour came to power, this country has delivered over 375 million Pounds worth of military equipment to Indonesia. The government recently authorised a staggering 20-fold increase in the value of military licences, from 2 million Pounds in 2000 to 41 million Pounds in 2002. In the same year, Britain was responsible for 63 per cent of the value of all EU licences issued for Indonesia and 87 per cent of the number of EU licences.
Indonesia is a poor country, which is still recovering from the disastrous Asian economic crisis in 1997. Paying vast amounts of money to Western countries for arms purchases does not help.
When Indonesia had to reschedule its public sector debt in September 1998, three-quarters of the rescheduled debt owed to Britain was for arms business. It included included 130 million Pounds for the purchase of Hawk jets, which are now being used in Aceh.
Debt servicing impacts primarily on the Indonesia's poor people who are being made to pay for military equipment which has no conceivable connection with their efforts to escape from poverty.
The government's continued sale of arms and engagement with the Indonesian military is dangerously misguided. It merely provides succour to the generals and helps them to maintain their powerful position in Indonesian political and security affairs.
The situation cannot be improved by providing the military with technical training in human rights. The problems are much more fundamental and structural. They can only be solved by weakening the political power of the TNI through policies of disengagement. A total military embargo by Britain and other countries would be a useful start. Not until the Indonesian military is weakened politically can we help improve the situation in Indonesia.
[Aguswandi is an Acehnese human rights activist.]