Over
the past 13 years Indonesia has made great strides in becoming a
stable, democratic country with a strong civil society and independent
media. However, serious human rights concerns remain. While senior
officials pay lip service to protecting human rights, they seem
unwilling to take the steps necessary to ensure compliance by the
security forces with international human rights and punishment for those
responsible for abuses.
In 2011 religious violence surged, particularly against Christians
and Ahmadiyah, a group that considers itself Muslim but that some
Muslims consider heretical. Violence continued to rack Papua and West
Papua provinces, with few effective police investigations to hold
perpetrators accountable.
Freedom of Expression
While Indonesia today has a vibrant media, authorities continue to
invoke harsh laws criminalizing those who raise controversial issues,
chilling peaceful expression. Indonesia has imprisoned more than 100
activists from the Moluccas and Papua for peacefully voicing political
views, holding demonstrations, and raising separatist flags.
The new Law on State Intelligence passed in October, contains vague
and overbroad language that could facilitate abuse. For instance, anyone
who even negligently leaks confidential information about intelligence
activities is subject to imprisonment, raising fears the law could be
used to prosecute journalists, political opposition members, or human
rights activists who publish information in the public interest about
government abuses.
Indonesia's criminal libel, slander, and "insult" laws prohibit
deliberately "insulting" public officials and intentionally publicizing
statements that harm another person's reputation. In July the Supreme
Court overturned an acquittal of Prita Mulyasari, who complained of poor
medical treatment over emails to friends, and convicted her on internet
defamation charges. Despite acquitting Mulyasari in a related civil
case, the Supreme Court sentenced her to a six-month suspended sentence.
Military Reform and Impunity
Impunity for members of Indonesia’s security forces remains a serious
concern, with no civilian jurisdiction over soldiers who commit serious
human rights abuses. Military tribunals are held rarely, lack
transparency, and the charges frequently fail to reflect the seriousness
of the abuses committed.
In January a military tribunal in Jayapura, Papua, convicted three
soldiers from Battalion 753 and sentenced them to between eight to
twelve months imprisonment. Despite video evidence of six soldiers
involved in brutally torturing two Papuans, the tribunal tried only
three of the six soldiers, and on lesser military discipline charges
rather than for torture. The soldiers have not been discharged.
In August the Jayapura military tribunal convicted three soldiers
from the same battalion regarding an incident in which soldiers shot and
killed Reverend Kinderman Gire on the suspicion he was a separatist.
Again, the tribunal only convicted them of "disobeying orders," and
sentenced them to six, seven, and fifteen months in prison respectively.
In June President Susilo Bambang Yudhoyono appointed his
brother-in-law Lt.-Gen. Pramono Edhie Wibowo as the new army chief.
Pramono commanded a Kopassus team that was deployed to East Timor in
1999. During that time, in the run up to a referendum on independence,
pro-Indonesia militias or security forces killed more than 1,000
civilians.
The armed forces retain extensive business holdings despite a law
requiring the government to shut down these businesses or take them over
by October 2009.
Freedom of Religion
In 2011 incidents of religious violence got more deadly and more
frequent, as Islamist militants mobilized mobs to attack religious
minorities with impunity; short prison terms for a handful of offenders
did nothing to dissuade mob violence. The government failed to overturn
several decrees that discriminate between religions and foster
intolerance. According to the Setara Institute, which monitors
religious freedom, there were 216 cases of religious attacks in 2010 and
184 cases in the first nine months of 2011.
In February more than 1,500 Islamist militants attacked a house in
Cikeusik, western Java, killing three and seriously wounding five
Ahmadiyah men. The incident was caught on film. Public outrage generated
around the case prompted the authorities to act quickly in
investigating the attack. In July the Serang district court sentenced 12
men to between three and six months imprisonment for disturbing public
order, incitement, and assault, but not for manslaughter. Police and
prosecutors failed to present a fully compelling case against the 12
defendants. Police did not conduct thorough investigations, and
prosecutors did not call key eyewitnesses to the attack. The prosecutors
also sought reduced sentences, contending that the Ahmadiyah provoked
the attack.
In August the Serang court convicted one of the Ahmadiyah members
seriously injured in the attack, Deden Sudjana, for assault and
disobeying police orders, sentencing him to six months imprisonment.
In 2011 Islamist mobs attacked Ahmadiyah communities and mosques in
various places, including West Java, Banten, and South Sulawesi. In
August in Makassar, South Sulawesi, a lawyer who represented the
Ahmadiyah was assaulted.
In April an Islamist suicide bomber attacked a police mosque in
Cirebon, West Java, killing himself and injuring at least 28 people. The
bomber had previously been involved in violent protests over a
blasphemy trial and an anti-Ahmadiyah attack in Cirebon in 2010. In
September another Islamist suicide bomber attacked a church in Solo,
Central Java, killing himself and wounding 14 churchgoers.
In February Islamists also attacked three churches in Temanggung,
Central Java, after the district court convicted controversial preacher
Antonius Bawareng of blasphemy. The court sentenced him to five years in
jail, the maximum penalty for blasphemy, but Islamists called for him
to be executed. The Semarang district court later convicted eight of the
Islamists involved in the attack, sentencing them to between five
months and one year imprisonment.
Minority congregations reported that local government officials
arbitrarily refused to issue them permits required, under a 2006 decree,
for building houses of worship. Those who attempted to worship without a
permit faced harassment and violence.
In January the Supreme Court ordered the reopening of a Presbyterian
church known locally as GKI Yasmin, overturning the Bogor
administration’s ruling which had revoked the church’s building permit.
However, Bogor Mayor Diani Budiarto refused to comply. Government
ministers offered the church “relocation.” In October an Islamist
organization began to harass churchgoers who were holding Sunday
services on a sidewalk outside the sealed church.
Senior government officials—including Minister of Religious Affairs
Suryadharma Ali, Home Affairs Minister Gamawan Fauzi, and Minister of
Human Rights and Law Patrialis Akbar—continued to justify restrictions
on religious freedom in the name of public order.
Papua/West Papua
In August internal military documents—mainly from Kopassus,
Indonesia’s special forces—were made public, exposing how the Indonesian
military monitors peaceful activists, politicians, and religious clergy
in Papua. The documents show the deep military paranoia in Papua that
conflates peaceful political expression with criminal activity. Several
of those named in the documents as targets have faced arrest,
imprisonment, harassment, or other forms of violence.
Access to Papua in 2011 remained tightly controlled. Few foreign
journalists and human rights researchers can visit independently without
close monitoring of their activities. Since October the vice
president’s office has set up the Unit to Accelerate Development in
Papua and West Papua, which is focused on economic development. Its
board members include some veterans of peace talk over Aceh.
In July over 500 representatives of Papuan civil society met at a
peace conference in Jayapura, organized by a government-funded
peace-initiative network.
Violence in Papua worsened in July and August with several unrelated
attacks in which more than two dozen people were killed or seriously
injured. Seventeen people were killed in Puncak Jaya in July when two
rival political camps clashed in an election dispute.
In Puncak Jaya there has been a long insurgency between the Free
Papua Organization (OPM) and the Indonesian military. The OPM commander
in Puncak Jaya claimed responsibility for several attacks against the
Indonesian military in July, including one in which an Indonesian
military chopper was shot down, injuring seven soldiers and killing one.
In October security forces used excessive violence when arresting
more than 300 Papuans involved in a three-day Papuan Congress. At least
three men were killed and more than 90 were injured. Six Papuan leaders
were charged with treason.
Aceh
Aceh's provincial government continued to implement a repressive
Sharia-inspired dress code with disregard for women’s agency and a law
on "seclusion," banning association between unmarried men and women in
"isolated" places. The provisions are enforced primarily through a
Sharia police force that harasses, intimidates, and arbitrarily arrests
and detains children, women, and men. Local community groups also
forcibly enter homes and assault and publicly humiliate couples they
suspect are committing "seclusion." Police make little effort to deter
and prosecute such assaults. In April two couples were publicly caned
under the “seclusion” law.
At this writing it was unclear what effect a decision by Partai Aceh,
the main party of the former rebels, to boycott December 2011 local
elections would have. The party claimed that Jakarta-sponsored election
regulations were not in line with the 2005 Helsinki peace agreement that
ended the decades-long conflict in Aceh.
Migrant Domestic Workers
Migrant domestic workers continue to face abuses both during the
recruitment process in Indonesia and while employed abroad. The
government has failed to stop local recruiters from charging prospective
migrants exorbitant fees that leave them highly indebted, which
contributes to situations of forced labor abroad.
In May Indonesia and Malaysia signed a new Memorandum of
Understanding on Indonesian domestic workers traveling to Malaysia. The
revised agreement includes some improved benefits for migrant domestic
workers, allowing them to keep their passports instead of having to
surrender them to their employers, and guarantees them a weekly day off.
But the agreement does not set a minimum wage, as Indonesia had wanted,
and perpetuates recruitment fee structures that leave workers indebted.
In June the Saudi government executed Ruyati binti Sapubi, a
54-year-old domestic worker from western Java. She was convicted of
murdering her Saudi employer, who she claimed was abusing her.
Child Domestic Workers
Hundreds of thousands of girls in Indonesia are employed as domestic
workers. Many work long hours, with no day off, and are forbidden from
leaving the house where they work. In the worst cases, girls are
physically, psychologically, and sexually abused by their employers.
Despite supporting the landmark International Labour Organization
convention in June that extended key labor protections to domestic
workers, Indonesia's domestic laws exclude all domestic workers from the
basic labor rights afforded to formal workers. A domestic workers law
that was introduced in 2010 has since stalled in parliament.
Key International Actors
Indonesia assumed the chairmanship of the Association of Southeast
Asia Nations (ASEAN) in 2011, holding an ASEAN summit in Jakarta in May
and Bali in November. In May Indonesia committed to “uphold the highest
standards in the promotion and protection of human rights” when it was
elected by the General Assembly to become a member of the United Nations
Human Rights Council, but left unaddressed which concrete steps would
be taken to fulfill pledges on key issues like freedom of religion and
expression, and accountability of abuses by military forces.
The United States continued to provide extensive military assistance
to Indonesia. In July US Secretary of State Hillary Clinton and
Indonesia Foreign Minister Marty Natalegawa co-chaired the second annual
Joint Commission of the US-Indonesia Comprehensive Partnership. In
November President Barack Obama visited Indonesia as part of the ASEAN
Summit in Bali.
The US also continued to reengage with Kopassus, and provide
significant support to Detachment 88, Indonesia's counterterrorism
police. Similarly, the Australian government continued cooperation with
both units.
In July the European Parliament issued a resolution on human rights
in Indonesia, condemning recent attacks on Christians and Ahmadiyah
properties.