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'Such incidents were isolated actions
by field soldiers who have subsequently been told not to continue as
their actions impose hardship on our own people.'
'Now that the
ICRC is back in Acheh, we do hope that they could intervene to
facilitate the safe release of the two journalists as soon as
possible.'
'UK equipment (Scorpion tanks, Saracen
armoured personnel carriers, and Hawk aircraft) are being used in the
war in Acheh.' |
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rom
its latest report, it is
evident that HRW continues to try to monitor the situation in Acheh
despite all the attempts by the Indonesian authorities to block such
efforts. For this the State of Acheh wishes to express its
appreciation.
The current report contains recommendations to us, the Free Acheh
Movement (GAM) that we present below along with our responses:
To the Free Acheh Movement (GAM)
1. Publicly state GAM's commitment to abide by international
humanitarian law. Ensure that all forces abide by international
humanitarian law. Refrain from taking actions that place civilians at
special risk, such as the confiscation of identification cards.
Our response : We have done this several times, in fact on
every occasion that we have had to speak on the matter. When the Swiss
Ambassador came to deliver the letter from his government to our Head
of State, HH. Tengku Hasan M. di Tiro in his Office in Stockholm in
May this year, after Indonesia declared Martial Law in Acheh, our
Government in-exile in Stockholm gave our official commitment to the
Swiss Government as High Holder of Geneva Conventions to respect all
the stipulations of the relevant Geneva Conventions in the conflict.
In the matter of the alleged confiscation of identification cards,
we have to point out that the issuance of these cards only to
Achehnese is in itself a violation of the rights of Achehnese, a
blatant form of racial discrimination and ethnic branding by the
Indonesian Government. There have indeed been several incidents when
our soldiers confiscated and destroyed these cards. However, such
incidents were isolated actions by field soldiers who have
subsequently been told not to continue as their actions impose
hardship on our own people.
2. Ensure that all commanders, at every level, receive basic
training in the fundamental principles of humanitarian law,
particularly the protection of civilians and non-combatants. All
combatants should be trained and drilled in the proper treatment of
civilians and non-combatants, including captured fighters.
Our response: Indeed, we have in fact asked the ICRC in
Geneva to provide our field commanders with such training last year
when it was still possible in that we controlled many liberated areas
where such training could take place. We also asked for brochures in
Malay language similar to those provided for Indonesian troops serving
in East Timor. But until today, our requests have not been
entertained. We are willing to cooperate with any international
agencies willing to provide such training to our forces, in Acheh or
abroad.
3. Take measures to ensure that enforceable mechanisms are put in
place to hold members of their forces individually accountable for
abuses, including summary executions, torture, kidnappings, and forced
displacement. Release all detainees held in violation of international
law, including the two journalists currently in GAM custody.
Our response : We have always asked our accusers to provide
specific information on the alleged violations by our forces. Our
Prime Minister, Malik Mahmud has, for example, in an interview with
the BBC, pledged to take personal responsibility for any such
violations if they could be proven by an independent international
agency. We have also called for thorough investigations of human
rights violations by both sides, by an independent international
agency. We are ready to surrender any of our men who might be proven
to be responsible for such violations, for trial in an international
human rights court. We would like to repeat that such violations on
our side are isolated actions and the result of lack of discipline
among the few lower ranking soldiers who committed them. They are not
a State Policy as compared with the violations committed by the
Indonesian Armed Forces. Most of the times, violations attributed to
our forces were in fact carried out by Indonesian troops masquerading
as our soldiers.
In the matter of the detained journalists, we wish to stress once
again, they have been cleared of all suspicions after our regional
military commander Ishak Daud managed to interrogate them just two
days after their arrest. But the Indonesian military authorities have
been frustrating their safe release to an intermediary. We are not
ready to let them go just like that and face the risk of their being
killed by Indonesian security forces who would then place the blame on
our forces. This sort of thing almost happened to the American
journalist Billy Wanessan. Our unit sent to accompany him to a
rendezvous with the Indonesian military was attacked, killing two of
our men and 15 of the attackers. Billy was only able to leave the
jungle with the intervention of the American Embassy.
Now that the ICRC is back in Acheh, we do hope that they could
intervene to facilitate the safe release of the two journalists as
soon as possible. Such a demand has also been made by the the
International Federation of Journalists (IFJ) to President Megawati
herself in an open letter dated 18th December. IFJ
President, Christopher Warren said in a press statement: "…despite
representations by international human rights organizations and an
agreement with GAM to release the journalists, the obstacles have
still not been removed. The Government's delay in facilitating these
journalists' release is inexcusable and inexplicable…".
Thanking HRW again for its continued efforts to monitor the human
rights condition in Acheh despite the tremendous difficulty it is
facing in performing its tasks, I remain at its disposal to respond to
any other queries it may have.
Dr. Zaini Abdullah, Minister of Foreign Affairs, The State of
Acheh; In Exile, Stockholm - Sweden
Legal action launched
against UK Government's arms to Indonesia policy
The following press release
was issued jointly by TAPOL and Campaign Against Arms Trade (CAAT)
human rights
activist has launched proceedings against the UK Government
challenging by Judicial Review the legality of the UK's supply of arms
to Indonesia. Mr. Aguswandi claims the continued licensing of military
exports to Indonesia breaks UK and EU export control laws which
clearly state that export licences for weapons should be refused if
there is a risk of the equipment being used for internal repression.
Although since 1997 the Labour Government has introduced new
criteria governing the licensing of arms exports, the Government has
continued to license the sale of lethal equipment to the Indonesian
military. This is despite the repeated use by the Indonesian Army of
UK-supplied equipment to commit human rights violations.
UK-supplied tanks (Scorpions and Saladins), armoured personnel
carriers (Saracens) and tactical fighter aircraft (Hawk) have been
used in conflict situations in East Timor, Acheh, West Papua and the
Moluccas in the last four years, despite Indonesian and UK Government
assurances that UK equipment would not be used for internal
repression. The financial value of arms exports to Indonesia licensed
by the UK Government has leapt from £2 million in 2000 to £41 million
in 2002.
Currently UK equipment (Scorpion tanks, Saracen armoured personnel
carriers, and Hawk aircraft) are being used in the war in Acheh. The
Indonesian military have launched several offensives in the last few
years in response to the Free Acheh Movement’s (GAM) fight for
independence, with violence escalating dramatically since May 2003
when martial law was declared. The operation is causing widespread
civilian loss of life, the destruction of Acheh’s public
infrastructure, and a grave humanitarian crisis. Despite the violence,
the Government in August 2002 relaxed the conditions under which
licences to Indonesia were granted, allowing UK equipment to be used
in Acheh.
CAAT spokesman Nicholas Gilby said "CAAT and TAPOL fully support
this legal action. We are sick of the Government's hypocrisy in
licensing weapons sales to a military with one of the worst human
rights records in the world, while proclaiming to be a liberator of
the oppressed. The Indonesian military in recent years has committed
crimes against humanity in East Timor, defied UN Security Council
resolutions and slaughtered its own people with impunity. The
Government are fully aware of this and that Indonesian assurances on
the use of UK weapons are worthless. CAAT and TAPOL therefore demand
the Government respect the law and stop licensing the sale of weapons
which are used to abuse the human rights of innocent civilians."
For more
information on this report, please contact Free Acheh
Movement: Tel: +46 (0) 8 531 83833, +46 (0) 8 531 91275, +46 (0) 70
699 3982.
Sofyan Dawod; Spokesman:
TNA_Spokesman@spl.at
Paul Barber (TAPOL London) on 01420 80153 or 0776 180 8095 or the CAAT
office on 020 7281 0297 or 07957 120469 (out of office hours only).
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