Subject: UN Rapp on Violence Against Women - Report
on Indon and ET (Pt.4)
Date: Tue, 13 Apr 1999 12:31:44 -0400 (EDT)
From: "Sharon R.A. Scharfe" <pet@web.net>... continued from Part 3 ...
UNITED NATIONS ECONOMIC AND SOCIAL COUNCIL
Distr. GENERAL
E/CN.4/1999/68/Add.3 21 January 1999
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS Fifty-fifth session Item 12 (a) of the provisional agenda
INTEGRATION OF THE HUMAN RIGHTS OF WOMEN AND THE GENDER PERSPECTIVE: VIOLENCE AGAINST
WOMEN
Report of the Special Rapporteur on violence against women, its causes and
consequences, Ms. Radhika Coomaraswamy
PART 4 ...
VII. ACEH
93. The designation of Aceh as a DOM was justified by allegations that there was
resistance from those known as the Free Aceh Movement (Gerakan Aceh Merkedka (GAM)) in
1989.
94. The Special Rapporteur has received reports of widespread atrocities in Aceh during
counter-insurgency operations there in 1990-1991. The deportation of hundreds of Acehnese
migrants from Malaysia in late March caused an international outcry, as some of those sent
back were clearly refugees who had fled Aceh in the early 1990s and feared persecution.
Counter-insurgency operations by the Indonesian army resulted in large-scale sexual
violence. Large numbers of victims have come forward in the past three months and
testified to the violence they endured. As Aceh is a Muslim province, there appears to be
a lot of support in Jakarta for victims in Aceh. Findings of a team from the House of
Representatives and the National Commission on Human Rights call for those who were
responsible for the atrocities in Aceh to be brought to trial.
95. The Special Rapporteur notes that the Armed Forces (ABRI) Chief General Wiranto is
still reluctant to look into the institutional involvement of ABRI in violations of human
rights in the past, as he promised to do earlier. In August 1998, General Wiranto
apologized to the people of Aceh for the abuses they had suffered and declared the DOM
status revoked. In September 1998, the Jakarta Post newspaper reported that the 300
remaining combat troops had been withdrawn from Aceh province. It is reported that on 2
September 1998, as troops were leaving the city of Lhokseumawe, violence directed against
them soon turned into a riot, in which almost 2,000 shops, government offices and other
buildings were allegedly looted and set on fire. There were rumours that military elements
themselves had sparked the riot to ensure their continued presence in Aceh.
96. Amnesty International remains concerned at reports that the violations are
continuing, albeit at a reduced level. Amnesty International, London has stated that
"despite taking a number of initiatives to improve human rights since coming to power
in May, the Habibie Government is showing that, under pressure, it will resort to the same
strong arm tactics to suppress dissent which characterized the Suharto era".
97. In August, a human rights team investigating reports of atrocities by the military
in Aceh unearthed a mass grave in the province where it is reported that more than 150
victims could be buried. Amnesty International has alleged that at least 2,000 people were
extrajudicially executed, disappeared or arbitrarily arrested and tortured at the height
of the Indonesian military's counter-insurgency operations in Aceh between 1989 and 1993.
98. One of the testimonies the Special Rapporteur received was from F, who lives in
Aceh. At 2 o'clock one morning about 23 soldiers came looking for her husband. They broke
the door down, interrogated the children and searched the house. She told them that her
husband had gone to his parents' house because they were ill. When the soldiers found that
he was not there, they left. Around 3 a.m. three of the soldiers returned and asked the
same question. They put out the oil lamp. When she ran toward her mother's house, they
knocked her with a rifle butt. She was six months pregnant. They took turns hitting her
and kicking her. Only one spoke Acehnese, the others spoke Bahasi Indonesia. Finally they
pushed her into the kitchen area where there was a bench and, with her children in the
adjacent room, they gang raped her, despite the fact that she was pregnant. The child she
was bearing finds it difficult to breathe. She feels that the rape incident affected the
foetus.
VIII. IRIAN JAYA
99. The Free Papua Movement Organisasi Papua Merdeka (OPM), an armed nationalist group,
has been waging a low intensity guerrilla war against Indonesia to demand independence for
the former Dutch colony of Western Guinea, which became Indonesian territory in 1963.
Through a United Nations mediated settlement, the two States agreed on 15 August 1962 to a
Dutch withdrawal, to be followed in 1969 by a process of self-determination by the people
of Irian Jaya. The Government of Indonesia submitted the 1969 Act of Free Choice, not to
all Papuans, but to eight representative councils, comprised of 1,926 representatives
selected by the Indonesian authorities. The consultative assemblies voted unanimously to
remain with Indonesia. The United Nations recognized Indonesian sovereignty there in 1969.
/ Robert F. Kennedy Memorial Center for Human Rights and Institute for Human Rights
Studies and Advocacy report, Concerning military Violence against Women in Irian Jaya and
the Economic policies of the Indonesian State, October 1998./
100. Since 1969 there has been a military presence in Irian Jaya. The reason given by
certain commentators is that it is to protect Indonesian economic interests in the area.
In the 1970s Freeport Indonesia Inc. began operation in Irian Jaya, the location of the
world's largest open-pit gold mine. There are reports, of widespread human rights
violations by the military, which reached a peak in 1994. According to reports in February
1996 troops from all over Indonesia came to the Mapnduma area. It was alleged that the
soldiers raped women there indiscriminately; girls as young as 12 were victims, as were
mute, mentally retarded and pregnant women.
101. In July 1998, on the anniversary of the 1961 proclamation of independence, a
series of pro-independence demonstrations were organized by the OPM. The Indonesian army
apparently used heavy armed tactics to disrupt the demonstration. It is alleged that women
were taken out to sea on Indonesian navy ships, where they were raped, sexually mutilated
and thrown overboard. Women's corpses reportedly washed up on the Biak coast. Some of them
showed signs of sexual mutilation; breasts had been removed. The Indonesian army claims
that the corpses were related to the tidal waves that hit Papua New Guinea and they
completely deny the incident. It is important that an independent fact-finding team look
into the facts and come up with an impartial report.
102. Before May 1998 sexual violence by the Indonesian security forces in Irian Jaya
appeared to be taken for granted, both by the authorities and the local population. The
Special Rapporteur heard the following testimonies, among others.
103. A is from Jila village. She was raped by a soldier from the Indonesian military
while she was working in the fields in 1987. She has a child as a result of the rape. She
returned home and told her parents what had happened. They were extremely angry and went
to the military post to demand justice. Her parents were beaten up by the soldiers. Her
two brothers, one of whom is a priest and the other a village chief, went to the military
post; they were also beaten up by the military. The perpetrator was moved out of the area.
In 1988, A had a child as a result of the rape. She had been a virgin when she was raped
and virginity has a high premium in this society. Her parents said that she should have
protected herself better; the wrong was put on her. It is alleged that soldiers raped many
women in that area. Women were afraid that, if they resisted, their families would be
attacked. There are many children as a result of the rapes. / Case interview, Jakarta,
November 1998./
104. A comes from the Freeport mine area. In 1990, 250 women organized themselves to
protest against ABRI and the practices of Freeport. Freeport had expropriated a large
amount of the local people's land, and the women demanded that it be returned. Freeport
said that it had bought the land from the State. The Government denied that the women had
any title to the land. The land which they had farmed was used to build houses for
Freeport workers. Freeport is also accused of polluting the river causing fish and animals
to die.
105. In October 1994, Indonesian soldiers from Paniai Battalion 752, stationed in the
town of Timika, detained and tortured A and M, along with three male Amungme civilians. On
9 October 1994, in the middle of the night, A was arrested by six soldiers. She was not
allowed to get dressed properly. There were many soldiers outside the house. She was
forced into the back of a Freeport truck and taken to the district military command post.
She was accused of having a relationship with Kelly Kwalik, the OPM leader, who was
involved in the hostage-taking in Mapnduma. A stated: "I and another woman were taken
to a room which was knee deep in water and human excrement. We were detained there for one
month and two days. The room was full of flies. The guards would throw food into the room
for us as they could not bear to enter due to the stench. We had to clean the food of
excrement before we ate it. At times we thought we were going to die from the smell."
106. The two women were interrogated. M could not understand Bahasa Indonesian and
therefore she did not reply. As a punishment, they put weights on her shoulders and behind
her knees and made her do squats for five hours. She was 60 years old. When they took her
back to the cell she was exhausted and nearly collapsed. Approximately a month after they
were arrested, the Vice President of Indonesia came to the military post. Prior to his
arrival, all the cells were cleaned up and the two women were given food. Two days later
they were released. A was bed ridden for three months following her release. Once she had
recovered, she went to the Bishop in Jayapura and told him about her arrest and detention.
/ Case interview, Jakarta, November 1998./
107. In September 1995, the National Human Rights Commission (Komnas Ham) released its
findings on human rights violations in the Timika area of Irian Jaya between October 1994
and June 1995. Its report confirmed that the Indonesian military operating in and around
the Freeport project area were responsible for the killing of at least 16 civilians and
the disappearance of at least 4 individuals living in the area. The Commission stated that
the violations, "are directly connected to ... [the military] acting as protection
for the mining business of PT Freeport Indonesia ... classified by the Government of
Indonesia as a vital project". The Commission also cited military operations against
the OPM as a reason for the violations. / National Human Rights Commission of Indonesia,
"Results of monitoring and investigation of five incidents at Timika and one incident
at Hoea, Irian Jaya, during the period October 1994-June 1995", September 1995,
statement./
108. The Commission concluded at that time that "clear and identifiable human
rights violations have occurred". The Commission called on the Government of
Indonesia and the military to investigate these occurrences and prosecute those
responsible. They also recommended that the victims and their families be compensated. To
date, an investigation and prosecutions have been carried out with regard to only one of
the confirmed incidents. No victims have received compensation, and human rights concerns
in and around the project area persist.
109. The Special Rapporteur believes that a thorough and impartial investigation into
the use of rape as a method of torture and intimidation by the military in Irian Jaya is
imperative. According to information received, perpetrators have not been brought to
trial, victims and their children have not been compensated and human rights abuses
continue to occur even under the new regime.
110. Although the guidelines given to soldiers call for the protection of human rights
and explicitly prohibit rape, they have not been effective in eliminating abuse by the
military, and there is no indication that military personnel have been held accountable
for violating human rights. / Directive of the Commander, Military Area VIII/Trikora,
concerning human rights, Mal Irja ABRI Operational Command, Major General Dunidja,
Instruction No. Skep/96/XII/1995, December 1995.
/
IX. RECOMMENDATIONS
A. At the international level
111. Under the Memorandum of Understanding between the Office of the High Commissioner
for Human Rights and the Government of Indonesia, on mutual agreement to cooperate in the
development and implementation of comprehensive programmes for the promotion and
protection of human rights in Indonesia, it . is planned, under the OHCHR technical
cooperation programme, to have a programme officer based in Jakarta to monitor the human
rights situation. The project includes gender sensitization training for all members of
the criminal justice system, the police force and the military. The Special Rapporteur
recommends that the memorandum should be implemented as soon as possible.
112. OHCHR should cooperate with the Government of Indonesia with respect to the
realization of the national action plan for human rights, as well as the further promotion
and protection of human rights in Indonesia and East Timor.
B. At the national level
113. The Government of Indonesia should ratify all the human rights instruments,
especially the International Covenant on Civil and Political Rights. It should also review
its reservation to the Convention on the Elimination of All Forms of Discrimination
against Women.
114. The Government of Indonesia should acknowledge that human rights abuses took place
in Indonesia before May 1998, especially in Aceh and Irian Jaya, as well as in East Timor.
It must move beyond a "denial culture".
115. The Government of Indonesia should consider setting up a truth and reconciliation
process for the victims of state violence before May 1998. The process should be open to
victims of rape, victims of torture, mothers of children born of Indonesian soldiers and
widows of individuals killed by Indonesian military action. The process should involve
payment of compensation to the victim and prosecution of the perpetrators, if they are
identifiable.
116. The Government of Indonesia should consider accelerating the process of law reform
and introduce amendments to the Penal Code that reflect the latest international standards
with regard to violence against women. The rape provisions should be amended, in
collaboration with women's groups. The reformers should also consider introducing domestic
violence legislation and sexual harassment legislation in keeping with international
standards. The Government of Indonesia should ask for technical cooperation from the
United Nations on this aspect of law reform.
117. The Government of Indonesia should take special measures to improve public
confidence in the criminal justice system, especially with regard to violence against
women. The police should operate independently and direct their efforts at community
policing. The security forces should formulate a human rights policy and engage in
extensive human rights training so as to meet the needs of an open, democratic society.
The Attorney-General's department and the judiciary should also be gender sensitive and
aware of the issues with regard to violence against women. Special programmes and grants
should be established to transform radically the perceptions of the criminal justice
system, so that it becomes sensitive to human rights violations. Again, technical
cooperation assistance from the Office of the High Commissioner for Human Rights may be
useful in planning an intensive programme on human rights for the criminal justice system.
Other bilateral and multilateral donors might be approached to assist with this programme,
which should be comprehensive and systematic.
118. The Government of Indonesia should inaugurate a national campaign against death
threats, anonymous letters and the use of terror against members of civil society. This
campaign should be endorsed at the highest level and perpetrators should be brought to
trial. The criminal justice system should play a proactive role in this regard. There
should be zero tolerance for acts of terror. The campaign should be conducted through the
media, but in the final analysis, only investigation and imprisonment of the perpetrators
will give the public confidence to come forward despite the threats. The impunity of those
who engage in these acts must end and they must be punished.
119. Many victims of violence are suffering from mental health problems due to their
experiences. A national health policy or programme to help these women victims of violence
should be considered by the Ministry of Health. Trauma counselling is absolutely necessary
in most of these cases.
120. The Government of Indonesia should consider repealing regulations that
discriminate against the Chinese minority, many of which violate the Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
Laws with regard to minorities should conform to international standards as set out in
international documents.
121. The Government, in partnership with NGOs, should encourage a culture of human
rights. The media, education policy and academic research should focus on human rights
issues, including problems related to violence against women. All sectors of civil society
should be involved in the exercise, including NGOs, women's organizations, trade unions,
artists, film stars, individuals from the sporting world, etc. However, for such a policy
to be effective, the boundaries between civil society and military responsibility should
be strictly drawn. The military must withdraw from the civil/political realm.
122. The Government, in partnership with NGOs, should set up crisis centres for victims
of violence against women. These centres should provide shelter, legal counselling,
psychological counselling and vocational training for women's economic empowerment.
123. The Government of Indonesia should allow unrestricted access to all parts of the
country by independent human rights monitors; in particular, to members of the National
Commission on Human Rights, the Commission on Violence against Women and human rights
organizations.
124. Without a Victims and Witness Protection Programme, victims are unwilling to come
forward with their testimonies owing to the climate of harassment and intimidation of both
victims of violence and human rights defenders and to fear of reprisals. There is a need
to develop confidence-building measures for victims of violence.
C. Non-governmental organizations
125. Non-governmental organizations should work to sensitize women victims to the need
to speak out in order to bring perpetrators to justice, and to coach women witnesses in
legal procedures and in giving testimony in court.
126. Non-governmental organizations should take the lead in lobbying for the
establishment of "one-stop crisis centres".
127. Non-governmental organizations should undertake research, collection of data and
comparative analysis with regard to violence against women in Indonesia, in order to be
able to devise a needs-based nationwide response to the problem.
Annex
SELECTIVE LIST OF PERSONS/ORGANIZATIONS WITH WHOM THE SPECIAL RAPPORTEUR MET DURING HER
MISSION
Jakarta
Ms. Habibie First Lady, wife of the President
Mr. Ali Alatas Minister for Foreign Affairs
Mrs. Tuti Alawiyah Minister for the Role of Women
Mrs. Yustika S. Baharsyah Minister for Social Affairs
Dr. Romli Atmasamita Director-General for Law and Regulations, Ministry of Justice
Mr. Soehandjono Deputy Attorney-General Secretary General of the Ministry of Defence
and Security
Lieutenant-General Rosemanhadi Chief of Police
Mr. Marzuki Darusman National Commission on Human Rights (KOMNAS HAM)
Dr. Saparinah Sadli National Commission on Violence against Women (KOMISI NASIONAL ANTI
KEKERASAN TERILADAP PEREMPUAN)
Ms. Nana Soedjatmoko National Commission on Violence against Women
Ms. Kemala Motik Abdul Gafur Chairperson of Indonesian Development Women/Indonesia
Crisis Centre
Mr. Ninok Leksono Deputy Editor-in-Chief, KOMPAS Daily Newspaper
Romo Sandyawan Sumardi Volunteer Team for Humanity
Dr. Karlina Leksono-Supelli (Tim Relawan)
Ms. Dwi Ria Latifia Director of Ria Latifia and Partners law office
Mr. Abdul Hakim G. Nusantara ELSAM (Institute for Policy Research and Advocacy)
Mr. Aderito de Jesus Soares ELSAM
Mr. Herman Awom Gereja Kristen Injili di Irian Jaya Unity of Indonesian New Brotherhood
(Persatuan Saudara Baru Indonesia/Persabi)
Ms. Ita Nadia Kalyanamitra, Women's Communication and Information Centre
Ms. Nursyahbani Katjasungkana Indonesian Women's Association for Justice (APIK)
Indonesian Women's Corps (Korps Wanita Indonesia)
Religious leaders
Ms. Yenny Thamrin Chairperson of Yayasan Sosial Caritas (CARITAS Social Foundation)
Mr. Judi W. Leonardi Indonesian Chinese Social Association
Indonesian Women's Coalition for Justice and Democracy (KPIKI)
KOWANI, Kongres Wanita Indonesia
Dili, East Timor
Mr. Abilio Sores Governor of East Timor
Col. Tono Suratman Regional Military Commander Head of Regional Police
Mr. Clementino dos Reis Amaral National Commission on Human Rights Joint meeting of
Women's organizations
Mr. Manuel Abrantes Director, Comissaõ Justitia et Pax (Diocesan Justice and Peace
Commission)
Women's Forum, Yayasan HAK (Foundation for Law, Justice and Human Rights)
Mr. Frédéric Fournier Head of office, International Committee of the Red Cross (ICRC)
Sr. Bernardita C. Guhit Secretariat for Justice and Peace of the Bishops' Conference of
Indonesia.
GERTAK, Anti-violence against Women Organization
[END]
For more information on Parliamentarians for East Timor, Please Contact: Sharon
Scharfe, International Secretariat PARLIAMENTARIANS FOR EAST TIMOR Suite 116, 5929-L
Jeanne D'Arc Blvd., Orleans, ON K1C 7K2 CANADA Fax: 1-613-834-2021 E-Mail: pet@web.net
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