• Aneuek Mud
  • Rapat Di Belanda
  • Yusuf Dawood and Guree
  • Pelanggara
  • Bangsa Aceh Berdemo Di Jalan Raya Stockholm
  • Organisasi pembebasan
Aneuek Muda1 Rapat Di Belanda2 Yusuf Dawood and Guree3 Pelanggara 4 Bangsa Aceh Berdemo Di Jalan Raya Stockholm 5 Organisasi pembebasan 6

I enclosed a speech of the ASNLF
by Ariffadhillah. (Attachment)

Acheh-­Sumatra National Liberation Front Human Rights in Acheh: Implementing the Helsinki Agreements Ariffadhillah Chairman of Presidium 14 June 2016 Room PHS7C050 at European Parliament, Brussels

T I enclosed a speech of the ASNLF by Ariffadhillah. (Attachment) Acheh-­Sumatra National Liberation Front Human Rights in Acheh: Implementing the Helsinki Agreements Ariffadhillah Chairman of Presidium 14 June 2016 Room PHS7C050 at European Parliament, Brussels Ladies and Gentlemen, First of all I would like to thanks Mr. Urmas Paet, Member of the EU Parliament, who hosts this conference. I would also express my special gratitude to the UNPO, the Taiwan Foundation for Democracy and the Haëlla Foundation for the organisation of the event.

Before we talk about the recent situation of the human rights in Acheh in connection with implementing provisions of the Memorandum of Understanding (the Helsinki MoU), which signed by the Government of the Republic of Indonesia and the Free Acheh Movement in Helsinki, on 15 August 2005, I would like to make a brief chronological review on one of the long­lasting conflicts in Southeast Asia.

Acheh is located at the northern tip of Sumatra Island, which had established for hundred years as an internationally recognized state before the European conquerors arrived. On 26 March 1873 the Kingdom of the Netherlands declared war on the Sultanate of Acheh. It was the most bloodiest war in the Dutch colonial history with estimated over 100.000 deaths. One of the war atrocities was the tragedy of Kuta Réh in remote highland area Gajo in Central of Acheh on 14 June 1904, where 130 bodies of 561 villagers killed were identified as children1. But, the Dutch government has not even made an apology for this well-documented massacre and other human rights crimes for 70 years of its invasion of Acheh between 1873 until 1942.

During the Second World War, the Japanese troops occupied the Acheh territory. An example for atrocities was the execution of a religious leader, Teungku Abdul Djalil Tjot Plieng and over 120 of his followers, in Bayu, North Acheh in November 1942.

After the Second World War the Dutch troops had never returned to Acheh any more, but the Dutch government transferred illegally the sovereignty of Acheh to a newly fabricated state called „Indonesia“ on 27 December 1949. Thus, the first violation of the UN decolonization principles took place, as far as the vast Malay Archipelago was concerned. Whereas all Western colonial empires were decolonized by returning each colonial territory to its indigenous peoples and became independent, the Dutch East Indies has never been returned to the respective indigenous peoples from whom the Dutch had confiscated the territories. The Dutch gave their entire colonial empire of the Dutch Indies - not to the respective rightful owners of the separate territories, as required by the decolonization rule and principles, but to the new entity, the Jakarta based ”Republic of Indonesia”.

1 Paul Bijl, „Saving the Children: Photography, modernity and the governed in late­colonial Indonesia“, Amsterdam University Press, 2015, P. 103­106.

On 4 December 1976, Dr. Hasan Muhammad di Tiro re­declared the independence of Acheh based undoubtedly on UN Resolutions such as, the UN Resolution 1514­XV, UN Resolution 2621­XXV, UN Resolution 2711­XXV, UN Resolution 3314­XXIX, as well as all relevant Articles of The Charter of the United Nations, The Universal Declaration of the Rights of the Peoples, the Universal Declaration of Human Rights, The International Covenant on Economic, Social and Cultural Rights, The International Covenant on Civil and Political Rights.

In spite of seeking peaceful conflict resolution, the government of the Republic of Indonesia under dictator Soeharto launched massive military operations against members and followers of the pro independence movement. The military operations caused tens of thousands casualties and uncountable serious human rights violations.

Since May 1998, the military operations were still continued, even more intensive than before in the post Suharto era resulting many massacres, among others:

1. Massacre at KNPI Building, Lhôk Seumawè (North Acheh), 9 January 1999, The Indonesian troops persecuted the detainees in the youth organization building, caused 5 deaths, 44 seriously injured.

2. Massacre of Arakundo River, Idi Tjut (East Acheh), on 4 February 1999, caused dozens death and hundreds seriously injured.

3. Massacre of Simpang KKA, Kruëng Geukueh (North Acheh), 3 May 1999, the Indonesian troops shot on a gathering, caused 46 death (six of them were children), 156 seriously injured from gunshot wounds, 10 missing.

4. Massacre of Beutông Ateuëh (West Acheh): 23 July 1999, the Indonesian Army executed a religious leader named Teungku Bantaqiah and more than seventy of his students in front of his school.

5. Massacre of Bumi Flora, Idi (East Acheh): on 9 August 2001, the indonesian army dressed in camouflage uniforms entered one of the housing areas of PT Bumi Flora, a rubber and palm oil plantation in East Aceh, and shot thirty men and a two­year­old child to death. Seven others were wounded.

6. Massacre of Jambô Keupok (South Acheh), on 17 May 2003, dozens of Indonesian soldiers the Special Army Forces (Kopassus) and Raider units arrived in three trucks at the village of Jambo Keupok in South Acheh. After rounding up everyone at the village and separating the men from the women and children, soldiers shot and killed four villagers. Twelve men, who were also beaten, had their hands tied and were taken to a house nearby, locked up and the house set alight. The women and children, who were locked up in a school building, were able to leave once the military had left.

These massacres and thousands other human rights violations after the 1998 downfall of Soeharto have been investigated and well documented by various local, national and international human rights organisations, especially by the Komnas HAM, the official Indonesian Commission on Human Rights.

Moreover, the Komnas HAM conducted a survey of human rights abuses that had taken place in Acheh between 1989 and 1998, when Acheh had been formally designated an area of military operations (Daerah Operasi Militer or DOM). It found that gross violations of human rights had been committed by Indonesian armed/police forces, in the form of summary executions, torture, enforced disappearances, arbitrary arrests and detention, rape and sexual assault, and property destruction. It recommended prosecution of those responsible, compensation for the victims, restoration of civilian institutions, ending the culture of impunity within the military; a wholesale review of military law and education, and reallocation of resources between the central and provincial governments. But, concerning the human rights violations, nothing happened until now!

Literally, the Geneva Conventions ­ treaties applicable to times of armed conflict, whether international or internal ­ which applied at the time to the situation in Acheh, strictly prohibit the killing of persons captured during military operations. Under both human rights law and international humanitarian law, unlawful killings must be investigated and those responsible brought to justice.

Ladies and Gentlemen,

In the Helsinki MoU, human rights issues were explicitly included.

Point 2.1: „GoI will adhere to the United Nations International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights.“

Referring to the point 2.1 of the Helsinki MoU, the Article 1 of the both covenants declares, that all peoples have the right of self ­determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. In accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights.

To this point, the Government of Indonesia has not addressed in any its legal document, although Indonesia has ratified many international treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and is therefore legally bound to apply them.

Point 2.2: „A Human Rights Court will be established for Aceh.“

The Centre for Humanitarian Dialogue, based in Geneva, reported already in 2008 that this clause Point 2.2. „A Human Rights Court will be established for Aceh“ is potentially highly contentious in the Indonesian context, largely because the TNI has already demonstrated its hostility to, and its ability to obstruct, human rights trials in other cases around the country2. So, that is not surprised, when it is not being realized today.

Point 2.3: „A Commission for Truth and Reconciliation will be established for Aceh by the Indonesian Commission of Truth and Reconciliation with the task of formulating and determining reconciliation measures.“

On 11 June 2006 the Indonesian Parliament passed the law provided for the establishment of the national Commission for Truth and Reconciliation (TRC). The law also had the option to use indigenous principles to settle human rights violation cases.

2 Aspinall, E., Peace without justice? The Helsinki peace process in Aceh, Centre for Humanitarian Dialogue, August 2014

But, in late 2006 the Constitutional Court in Jakarta over­ruled national legislation establishing the national TRC.

In December 2013, over eight years after the signing of the Helsinki MoU, the Aceh Provincial Legislative Assembly (DPRA = Dewan Perwakilan Rakyat Aceh) adopted a bylaw on the establishment of TRC in Acheh.

Unfortunately, neither an Indonesian Truth and Reconciliation Commission nor the Truth and Reconciliation Commission in Acheh was established up to now.

As mentioned above, the Acheh conflict and the just struggle of our people is merely political. It is a struggle of self determination; it is a struggle of the survival of Achehnese as a people-as a nation; and it is a struggle borne by centuries of colonialism and decades of repression and injustices under indonesian regime. Thus, addressing the human rights violations in Acheh must be preceded by resolving the political issue, by unravelling the Acheh status vis a vis Jakarta, which should be squarely based on the right to self determination of the Achehnese to decide their own future.

Ladies and Gentlemen,

In this tremendous opportunity, I would like to underline some other provisions that related to the justice and security issues, which have a significant impact on the human rights in Acheh.

A part of security arrangements in the memorandum has been implemented. For its part, the Free Acheh Movement demobilised its 3000 military troops (point 4.2) and decommissioned of all arms, ammunition and explosives (point 4.3 and 4.4). But, concerning the indonesian armed forces and police (point 4.5 until point 4.9), it remains uncertain especially after December 2006 as the Acheh Monitoring Mission (AMM) ended its mandate, which financed from the EU budget (EUR 9.3 million) and by contributions of member states of the European Union and participating countries (EUR 6 million).

The withdrawal of all elements of non­organic Indonesian military and non­organic Indonesian police forces from Acheh and its relocation was not traceable. The real number of these troops, however, was not available publicly.

Referring to point 4.7, the number of organic military forces to remain in Acheh after the relocation is 14700 and the number of organic police forces to remain in Acheh after the relocation is 9100.

Although it is stipulated in the Helsinki MoU, about 20,000 troops of the Indonesian armed forces including Army, Navy and Air Force, is being deployed in Acheh today. Just as military, the number of the Indonesian police forces deployed in Acheh is more than in the above­mentioned provision. More than 13,000 police are currently on duty in Acheh.

In fact, there are no legal means to ensure the adherence to this important stipulation, except referring to the MoU itself. The Helsinki MoU constrained the major movement of the Indonesian military forces with prior notification of the Head of the Monitoring Mission. Since the AMM left Acheh, the point lost its meaning, so that the Indonesian military can be mobilized anywhere without limits. Worse still, the provincial government has no say in this case.

Furthermore, during the armed conflict in Acheh, the Indonesian armed forces/police used very often civilians in its counterinsurgency operations. Many civilian groups – called militias ­ were trained and armed by the indonesian army against any movement for independence of Acheh. There were about 10,000 army­linked militia members active in Acheh.

The point 4.9. regulates, that GoI undertakes the decommissioning of all illegal arms, ammunition and explosives held by any possible illegal groups and parties. It is impossible, that the GoI will really disarmed the militia groups, which it denied its existence at the time. Additionally, it is hard to believe, that the Indonesian police would take weapons from the militias, that have been given to them by the army. So far, there is no reliable document for this matter.

Ladies and Gentlemen,

For many political analysts, the Helsinki MoU might be one successful example of conflict resolutions, but for us, Acheh­Sumatra National Liberation Front, who struggle for our self determination, justice and dignity, it is just a shaky compromise.

In 1952 the UN General Assembly stated in Resolution 637A – VII, that the right of peoples and nations for self determination is a prerequisite to the full enjoyment of all fundamental human rights. In the case of Acheh, given the tragic fact that the once independent Achehnese have been subjected to centuries of oppression by Dutch, Japanese and Indonesian colonialists, it is not difficult to understand why the Achehnese firmly believe that independence is the only way forward to resolve the conflict. Therefore it is the responsibility of the international community, including the EU, which actively involved in the Helsinki MoU negotiation, to support and uphold the rights of the Achehnese.

Concerning the implementation of the Helsinki MoU provisions, the AMM left Acheh, before its all tasks are accomplished. Once again, we call upon the EU to closely monitor the situation in Acheh and put pressure on Indonesia to end impunity by resolving the past gross human rights violations during thirty­year armed conflicts. It is also the duty of the EU to prevent the political and human rights of the Achehnese from being usurped by Indonesia on the grounds of "territorial integrity" and the "internal affairs" of the Republic of Indonesia.

Finally, we call on the international communities to support the people of Acheh in its struggles for justice, democracy, self determination and independence; We call on also all states, nations and peoples all around thworld to respect the demand of the people of Acheh for exercising the right to decide and the right to secession.

Thank you for your attention.

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